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Dharamveer Tholia And Ors. vs State Of Rajasthan And Anr. on 10 August, 2000

(8) In the matter of Ajit Singh and Ors. v. The State of Punjab and Ors. (supra), the question which arose in appeal before the Apex Court from the judgment and order (impugned) of Punjab and Haryana High Court related to determination of seniority of the respective candidates vis-a-vis the promotees on the question of 21 roster point. Whether on the basis of the roster point, the promotees were entitled to claim seniority over direct recruits in promoted category from the date of continuous officiation vis-a-vis the general candidate, who was senior to them though placed in lower category on the basis of reservation policy? Another aspect of the matter related to appellant's fundamental rights and the rights of reserved candidates. The Apex Court held that though the right to be considered for promotion is fundamental under Article 16(1), 16(4) and 16(4-A) (considering it to be valid) do not confer any fundamental right for appointment on the promoted post as they are only enabling provisions.
Rajasthan High Court - Jaipur Cites 45 - Cited by 31 - A R Lakshmanan - Full Document

D C Yadav vs General Manager E C Rly on 7 July, 2025

Overruling the judgment in Jagdish Lal case [Jagdish Lal v. State of Haryana, (1997) 6 SCC 538 1997 SCC (L&S) 1550] and observing that rights of the reserved classes must be balanced against the interests of other segments of society in para 77, this Court held as under: [Ajit Singh (2) case [Ajit Singh (2) v. State of Punjab, (1999) 7 SCC 209: 1999 SCC (L&S) 1239] SCC p. 246] Digitally MADHU signed by Page 25 of 32 KUMARI MADHU KUMARI O.A./891/2016
Central Administrative Tribunal - Allahabad Cites 62 - Cited by 0 - Full Document

Anwar Khan vs General Manager N C Rly on 20 March, 2024

Overruling the judgment in Jagdish Lal case [Jagdish Lal v. State of Haryana, (1997) 6 SCC 538 : 1997 SCC (L&S) 1550] and observing that rights of the reserved classes must be balanced against the interests of other segments of society in para 77, this Court held as under : [Ajit Singh (2) case [Ajit Singh (2) v. State of Punjab, (1999) 7 SCC 209 : 1999 SCC (L&S) 1239] , SCC p. 246] "77. We, therefore, hold that the roster-point promotees (reserved category) cannot count their seniority in the promoted category from the date of their continuous officiation in the promoted post--vis-à-vis the general candidates who were senior to them in the lower category and who were later promoted. On the other hand, the senior general candidate at the lower level, if he reaches the promotional level later but before the further promotion of the reserved candidate--he will have to be treated as senior, at the promotional level, to the reserved candidate even if the reserved candidate was earlier promoted to that level. We shall explain this further under Point 3. We also hold that Virpal [Union of India v.
Central Administrative Tribunal - Allahabad Cites 50 - Cited by 0 - Full Document

T.Sidhardha Reddy vs Rajive Kumar Gupta on 5 November, 2020

Overruling the judgment in Jagdish Lal case [Jagdish Lal v. State of Haryana, (1997) 6 SCC 538 : 1997 SCC (L&S) 1550] and observing that rights of the reserved classes must be balanced against the interests of other segments of society in para 77, this Court held as under: [Ajit Singh (2) case [Ajit Singh (2) v. State of Punjab, (1999) 7 SCC 209 : 1999 SCC (L&S) 1239] , SCC p. 246] "77. We, therefore, hold that the roster-point promotees (reserved category) cannot count their seniority in the promoted category from the date of their continuous officiation in the promoted post--vis-à-vis the general candidates who were senior to them in the lower category and who were later promoted. On the other hand, the senior general candidate at the lower level, if he reaches the promotional level later but before the further promotion of the reserved candidate--he will have to be treated as senior, at the promotional level, to the reserved candidate even if the reserved candidate was earlier promoted to that level.
Kerala High Court Cites 19 - Cited by 1 - Full Document

M.V vs State on 18 February, 2010

We have considered the rival submissions and perused the relevant record. Since insertion of Article 16(4-A) has been made subsequent to the date of the controversy and in the year 1991, in view of the law laid down by the Honourable Supreme Court in the case of Ajit Singh & Ors. v. State of Punjab, AIR 1999 SC 3471 that the rule of reservation would give accelerated promotion but it would not give accelerated consequential seniority, the reserved category candidates could not have got precedence over the general category candidates and their original seniority, in the present case, of the cadre of Section Officer, was required to be maintained and the reliance placed by the learned Single Judge upon the decision of Jagdish Lal (supra) was not a good law. In that view of the matter, the appellant was entitled to seniority over respondents Nos.4 to 14 and he deserves promotion on the post of Deputy Secretary before them. In that view of the matter, after so much lapse of time we have to see what kind of relief can be granted to the appellant. We cannot grant relief of setting aside of promotion of respondents Nos.4 to 14 at this stage and on that count we non-suit the appellant. Since, Shri M.V. Kaila, appellant of Letters Patent Appeal No.1628 of 1997 has retired, in his case only notional promotion and fixation of pension would be made and accordingly his pension will be altered according to the pay which he would have been entitled to considering his promotion on the post of Deputy Secretary with effect from the date on which his immediate junior was promoted as Deputy Secretary i.e. 8th November 1996. It is clarified that he shall be entitled to the actual increase in his pension from the date of this judgment.
Gujarat High Court Cites 5 - Cited by 0 - B Prasad - Full Document
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