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Documents citing Ramnaresh Dixit (D) Th. Lr.S. ... vs The Union Of India on 1 August, 2022

Abhishek Kumar vs Employees Providend Fund Organisation ... on 12 May, 2026

7. DoPT O.M. dt. 25.03.1996 does not apply in the present case: It is submitted that aforementioned OM, which amended DoPT O.M. dt. 19.03.1988 pursuant to the judgment of the Hon'ble Supreme Court in R. Prabha Devi & Ors. v. Union of India & Ors. [1988 AIR 902], is merely an enabling provision and not mandatory, as the O.M. itself provides that the relevant note "may be inserted" in the Recruitment Rules. The Recruitment Rules, 2019 governing the post of Section Supervisor in EPFO do not contain such note and therefore no automatic relaxation can be claimed by the Applicants. [refer to paras 4-5 @ pg. 3; paras 20-21, pg. 8-10; paras 28-30 @ pg. 22-23 of Counter Affidavit]
Central Administrative Tribunal - Delhi Cites 13 - Cited by 0 - Full Document

Mukhtiar Singh vs M/O Law And Justice And Company Affairs on 18 December, 2025

"15. The rule-making authority is competent to frame rules laying down eligibility condition for promotion to a higher Digitally signed by MAYA MAYA BAHADUR BAHADUR SINGH TARAGI SINGH TARAGI 9 O.A No. 4559/2015 Item 36 (C-3) post. When such an eligibility condition has been laid down by service rules, it cannot be said that a direct recruit who is senior to the promotees is not required to comply with the eligibility condition and he is entitled to be considered for promotion to the higher post merely on the basis of his seniority. The amended rule in question has specified a period of eight years' approved service in the grade of Section officer as a condition of eligibility for being considered for promotion to Grade I post of C.S.S. This rule is equally applicable to both the direct recruit Section officers as well as the promotee Section officers. The submission that a senior Section officer has a right to be considered for promotion to Grade I post when his juniors who have fulfilled the eligibility condition are being considered for promotion to the higher post, Grade 1, is wholly unsustainable. The prescribing of an eligibility condition for entitlement for consideration for promotion is within the competence of the rule-making authority. This eligibility condition has to be fulfilled by the Section officers including senior direct recruits in order to be eligible for being considered for promotion. When qualifications for appointment to a post in a particular cadre are prescribed, the same have to be satisfied before a person can be considered for appointment. Seniority in a particular cadre does not entitle a public servant for promotion to a higher post unless he fulfils the eligibility condition prescribed by the relevant rules. A person must be eligible for promotion having regard to the qualifications prescribed for the post before he can be considered for promotion. Seniority will be relevant only amongst persons eligible. Seniority cannot be substituted for eligibility nor it can over-ride it in the matter of promotion to the next higher post. The rule in question which prescribes an uniform period of qualified service cannot be said to be arbitrary or unjust violative of Articles 14 or 16 of the Constitution."
Central Administrative Tribunal - Delhi Cites 9 - Cited by 0 - Full Document
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