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Rabindra Nath Bose & Ors vs Union Of India & Ors on 9 October, 1969

3. Learned Counsel appearing for the petitioners in both cases would contend that the impugned order is unsustainable. He would submit that having regard to the admitted facts, this is a case where question of seniority stood settled as early as on 13-6-1994 vide Ext.P2 order passed by the competent authority, namely the AEO. The DEO by rejecting the appeal filed by Shri Sasidharan vide Ext.P3 order dated 15-6-1995 confirmed the order of the AEO. Ext.P3 order has become final. Shri Pavithran came to be appointed as teacher-in-charge as stated earlier in the year 1994. Even that was not challenged by Shri Sasidharan. In such circumstances, he would submit on the strength of two decisions of the Apex Court that the principle of sit back is applicable. The decisions relied on are Rabindra Nath Bose and Ors. v. Union of India and Ors. and Malcom Lawrence Cecil D'Souza v. Union of India and Ors. . Paragraph 35 of is extracted below:
Supreme Court of India Cites 15 - Cited by 195 - S M Sikri - Full Document
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