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Documents citing Dwarka Prasad And Others vs Union Of India And Others on 28 July, 2003

Tamil Nadu Rural Development Engineers ... vs The Secretary To Government, Rural ... on 29 January, 2007

(XI) In the decision (Dwarka Prasad and Ors. v. Union of India and Ors.), the Supreme Court has held that fixation of quota in the feeder cadres based upon structure and pattern of the department is prerogative of the employer mainly pertaining to the policy making field. In the present cases, the petitioners have claimed to fix the ratio of 1:1 between the AE - direct recruits and AE - promotees contrary to the fixation of quota made by the Government. By applying the principle laid down in the above decision and as rightly pointed out by the learned Senior Counsel for the respondents, it is neither for the writ petitioners nor for the courts to advise or decide as to how the ratio has to be fixed.
Madras High Court Cites 25 - Cited by 4 - P Sathasivam - Full Document

Tamil Nadu Rural Development vs The Secretary To Government on 29 January, 2007

(XI) In the decision reported in AIR 2003 SC 2971 (Dwarka Prasad & others vs. Union of India & others), the Supreme Court has held that fixation of quota in the feeder cadres based upon structure and pattern of the department is prerogative of the employer mainly pertaining to the policy making field. In the present cases, the petitioners have claimed to fix the ratio of 1:1 between the AE - direct recruits and AE - promotees contrary to the fixation of quota made by the Government. By applying the principle laid down in the above decision and as rightly pointed out by the learned Senior Counsel for the respondents, it is neither for the writ petitioners nor for the courts to advise or decide as to how the ratio has to be fixed.
Madras High Court Cites 24 - Cited by 1 - Full Document

G. Annamalai vs The Secretary And Commissioner on 5 January, 2007

(d) In the decision reported in (2003) 6 SCC 535 (Dwaraka Prasad v. Union of India) in para 24 the Honourable Supreme Court considered the scope of Articles 14 and 16 in the matter of promotion and held thus, "24. Articles 14 and 16 of the Constitution of India cannot be pressed into service to describe the fixation of lower quota for POs as discriminatory. It is well established in law that the right to be considered for promotion on fair and equal basis without discrimination may be claimed as a legal and a fundamental right under Articles 14 and 16 of the Constitution but chances of promotion as such cannot be claimed as of right. ....................."
Madras High Court Cites 7 - Cited by 0 - Full Document
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