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1 - 10 of 26 (0.24 seconds)Article 226 in Constitution of India [Constitution]
Article 309 in Constitution of India [Constitution]
State Of Bihar And Others Etc vs Akhouri Sachindra Nath And Others Etc on 19 April, 1991
10. As a matter of fact this principle is fully dealt
with in the main judgment in which reference is made to
the decisions of this Court in Ram Janam Singh v. State of
UP, (1994) 2 SCC 622.; Uttaranchal Forest Rangers'
Association (Direct Recruit) & Ors. v. State of UP & Ors.,
(2006) 10 SCC 346.; State of Bihar & Ors. v. Akhouri
Sachindra Nath & Ors., 1991 Supp (1) SCC 334. and the
principle is summarized in sub-paragraphs (2) & (4) of
paragraph 30 of the judgment."
Union Of India vs Madras Telephone Sc & St Social Welfare ... on 28 September, 2006
It is well settled principle of law
that once the rules have been framed in pursuance of
powers under proviso to Article 309 of the Constitution
then the instructions on the same subject would not operate
as has been held in the case of Union of India v. Madras
Telephone S.C. & S.T. Social Welfare, 2000(2) SCT 761 :
K.K. Parmar & Ors vs H.C. Of Gujarat Th. Registrar & Ors on 12 May, 2006
(2000)9 SCC 71. The same principles were laid down in
the case of K.K. Parmar v. H.C. High Court of Gujarat,
2006(3) SCT 140 : (2006)5 SCC 789.
Sant Ram Sharma vs State Of Rajasthan & Anr on 7 August, 1967
All these principles
of law are so well settled as to entertain any doubt since
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1967 when the Constitution Bench had laid down the law
in the case of Sant Ram Sharma v. State of Rajasthan,
AIR 1967 Supreme Court 1910.
Ganga Vishan Gujrati & Ors vs State Of Rajasthan & Ors on 9 May, 2018
12. The Hon'ble Supreme Court in "Ganga Vishan Gujrati
and others vs State of Rajasthan and others", 2019(4) SCT 332, has
held that seniority cannot be granted to an employee from the date when
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he was not born in the cadre and the same has to be counted from the
date of initial entry into service. Para 31 of the said judgment reads as
under:-
Direct Recruit Class Ii Engineering ... vs State Of Maharashtra And Ors on 2 May, 1990
"31. A consistent line of precedent of this Court follows the
principle that retrospective seniority cannot be granted to
an employee from a date when the employee was not borne
on a cadre. Seniority amongst members of the same grade
has to be counted from the date of initial entry into the
grade. This principle emerges from the decision of the
Constitution Bench of this Court in Direct Recruit Class II
Engineering Officers' Association v. State of
Maharashtra, (1990) 2 SCC 715.
P. Sudhakar Rao & Ors vs U. Govinda Rao & Ors on 3 July, 2013
This view has been re-affirmed by a Bench of three
judges of this Court in P. Sudhakar Rao v. U. Govinda
Rao, 2013(4) S.C.T. 185 : (2013) 8 SCC 693."