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Vinod Singh Sirohi vs State Of U.P.Throu.Prin.Secy.Home ... on 16 December, 2021 cites

S.P. Shivprasad Pipal vs Union Of India & Ors on 15 April, 1998

(78) At this juncture, it is relevant to add that the issue of merger of cadres has been examined by the Apex Court repeatedly and it has been laid down as a principle of law that merger of cadre and the matter of creation of post is a prerogative of the State policy. It is always open to the State Government to create post or merge the cadres. No employee has the right to object to the merger/integration of the cadre of different departments on the ground that it will adversely affect the prospects of promotion or cover other service benefits. The Apex Court in Shivprasad Pipal Vs. Union of India and others : (1998) 4 SCC 598, after re-emphasising that merger of cadre was essentially a matter of policy went on to lay down certain guidelines, which had to be observed before any decision to merge the cadres can be said to be a valid merger. Paragraphs 4 and 5 of the aforesaid report is reproduced as under :-
Supreme Court of India Cites 8 - Cited by 99 - S V Manohar - Full Document

Ku. Rashmi Mishra vs Madhya Pradesh Public Service ... on 19 October, 2006

(32) In Km. Rashmi Mishra v. M.P. Public Service Commission and others : (2006) 12 SCC 724, after referring to Prabodh Verma (supra) and Indu Shekhar Singh (supra), the Apex Court took note of the fact that when no steps had been taken in terms of Order 1 Rule 8 of the Code of Civil Procedure or the principles analogous thereto, all the seventeen selected candidates were necessary parties in the writ petition. It was further observed that the number of selected candidates was not many and there was no difficulty for the appellant to implead them as parties in the proceeding. Ultimately, the Apex Court held that when all the selected candidates were not impleaded as parties to the writ petition, no relief could be granted to the appellant therein.
Supreme Court of India Cites 10 - Cited by 223 - S B Sinha - Full Document

Union Of India And Anr. Etc. Etc vs Pratap Narain And Ors. Etc. Etc on 29 April, 1992

(q) Elaborating his submission, Sri Trivedi has submitted that the learned Single Judge could not advert himself to the Rule 3 (I) and 3 (n) of Rules, 2015, which provides for the term ''members of service' and ''substantive appointment', respectively. The learned Single Judge has also not considered the proviso to the Rule 18 (2) of the Rules, 2015. The aforesaid proviso categorically provides that any person appointed before the commencement of Rule, 2015 to a post under the service and working on that post shall be deemed to have been substantively appointed under the said Rules. However, this aspect of the matter has been completely ignored by the learned Single Judge. Similarly, sub-rule (3), (4) and (5) of Rule 22 of the Rules, 2015 have not been considered which proceed to save the policy decision contemplated under Government Order dated 23.07.2015 wherein the sub-rule 4 provides that the seniority in some special case determined according to previous determined policy shall remain unchanged. Furthermore, the learned Single Judge has also remained oblivious to Rule 28 of the Rule, 2008 and Rule 27 of Rules, 2015, which provide for relaxation. To strengthen his submission, he has placed reliance upon Narendra Chadha and others Vs. Union of India and others : 1986 (2) SCC 157, Union of India and others Vs. Pratap Narain and others : 1992 (3) SCC 268, State of U.P. and others Vs. Rajendra Singh and another : 2015 (4) ADJ LB (FB), Vijay Kumar Gaur Vs. State of U.P. and another : 2016 (11) ADJ 502 (LB), Vijay Singh and others Vs State of U.P. and others : 2005 AWC 1191 (FB), Ajay Kumar Bhuyan Vs. State of Orissa : 2003 (1) SCC 707, Prem Kumar Upadhyay Vs. State and others : 2014 (1) ADJ 536, Kandwa Kumar Mishra Vs. State (Special Appeal No. 117 of 2014, decided on 03.02.2014), Krishna Kumar Pandey Vs. State of U.P. and another : 2001 (3) AWC 2163.
Supreme Court of India Cites 5 - Cited by 10 - K Singh - Full Document

S.I. Rooplal And Anr vs Lt. Governor Through Chief Secretary ... on 14 December, 1999

(u) To strengthen the aforesaid submission, Sri Trivedi has relied upon S.P. Shivprasad Pipal Vs. Union of India : 1998 AIR (SC) 1982, S.I. Roopal and another Vs. Lt. Governor through Chief Secretary, Delhi and others : AIR 2000 SC 594, State of Maharastra Vs. Chandrakant Anand Kulkarni : 1981 AIR (SC) 1990, P.U. Joshi and others Vs. Accountant General, Ahemedabad and others : 2003 (2) SCC 632, Tej Narain Tiwari Vs. State of Bihar and others : 1993 Supp (2) SCC 623, Prakash Ranjan Kumar and others and Ajit Kumar Saha vs. State of Bihar and others : 2007 (2) BLJR 2987, On Prakash Sharma and others Vs. Union of India and others : 1985 (Supp) SCC 218, S.A. Siddiqui Vs. M. Wajid Khan : 1999 AIR (SC) 604, Reserve Bank of India Vs. N.C. Paliwal and others : (1976) 4 SCC 838, Prafulla Kumar Das and others Vs. State of Orissa and others : (2003) 11 SCC 614, State of Rajasthan and another Vs. Shatilal Jain and others : 1989 Supp (2) SCC 777, Tamil Nadu Education Department Ministerial and General Subordinate Services Association and others Vs. State of Tamil Nadu and others : (1997) 8 SCC 522, Union of India and others Vs. S.L. Dutta and others : AIR 1991 SC 363.
Supreme Court of India Cites 12 - Cited by 421 - Full Document

Reserve Bank Of India vs N. C. Paliwal & Others on 24 August, 1976

(u) To strengthen the aforesaid submission, Sri Trivedi has relied upon S.P. Shivprasad Pipal Vs. Union of India : 1998 AIR (SC) 1982, S.I. Roopal and another Vs. Lt. Governor through Chief Secretary, Delhi and others : AIR 2000 SC 594, State of Maharastra Vs. Chandrakant Anand Kulkarni : 1981 AIR (SC) 1990, P.U. Joshi and others Vs. Accountant General, Ahemedabad and others : 2003 (2) SCC 632, Tej Narain Tiwari Vs. State of Bihar and others : 1993 Supp (2) SCC 623, Prakash Ranjan Kumar and others and Ajit Kumar Saha vs. State of Bihar and others : 2007 (2) BLJR 2987, On Prakash Sharma and others Vs. Union of India and others : 1985 (Supp) SCC 218, S.A. Siddiqui Vs. M. Wajid Khan : 1999 AIR (SC) 604, Reserve Bank of India Vs. N.C. Paliwal and others : (1976) 4 SCC 838, Prafulla Kumar Das and others Vs. State of Orissa and others : (2003) 11 SCC 614, State of Rajasthan and another Vs. Shatilal Jain and others : 1989 Supp (2) SCC 777, Tamil Nadu Education Department Ministerial and General Subordinate Services Association and others Vs. State of Tamil Nadu and others : (1997) 8 SCC 522, Union of India and others Vs. S.L. Dutta and others : AIR 1991 SC 363.
Supreme Court of India Cites 6 - Cited by 41 - P N Bhagwati - Full Document

Bhupendra Nath Hazarika & Anr vs State Of Assam & Ors on 30 November, 2012

(3) SCC 575, The Food Commissioner, U.P. and others Vs. Om Pal Singh and others (Special Appeal No. 1960 of 2011, decided on 05.10.2018, M. Venketeswarlu and others Vs. Government of A.P. and others : 1996 (5) SCC 167, U.P. Jal Nigam and others vs. Narinder Kumar Agarwal : 1996 (8) SCC 43, Suraj Prakash Gupta and others Vs. State of J & K and others : 2000 (7) SCC 516, Rajasthan State Industrial Development and Investment Cooperation Vs. Subhash Sindhi Cooperative Society Jaipur and others : 2013 (5) SCC 427, Chairman, Public Service Commission, J & K and Anr. Vs. Sudarshan Singh Jamwal and others : 1998 (9) SCC 327, U.P. Unaided Medical Colleges Welfare Association Vs. Union of India and others : 2016 (3) UPLBEC 2363, Bhupendra Nath Hazarika and others Vs. State of Assam and others : 2013 (2) SCC 516.
Supreme Court of India Cites 26 - Cited by 191 - D Misra - Full Document

Mahadeo Bhau Khilare (Mane) & Ors vs State Of Maharashtra & Ors on 9 May, 2007

In support of his submission, he relied upon Vijay Singh and others vs. State of U.P. and others : 2005 (2) AWC 1191 (FB), K. Kuppusamy and another Vs. State of Tamil Nadu and others : 1998 (8) SCC 469, Dr. Rajinder Singh Vs. State of Punjab : 2001 (5) SCC 482, Bindeshwari Ram Vs. State of Bihar and others : 1989 (4) SCC 465, Anurag Yadav and others Vs. State of U.P. and others : 2010 (3) UPLBEC 2261, K. P. Sudhakaran and another Vs. State of Kerala and others : 2006 (5) SCC 386, Mahadev Bhau Khilare (Mane) and others Vs. State of Maharashtra and others : (2007) 5 SCC 524.
Supreme Court of India Cites 7 - Cited by 23 - S B Sinha - Full Document
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