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Dileep Kumar Srivastava vs State Of U.P. & Others on 13 July, 2010 cites

S.B. Patwardhan & Others Etc. Etc vs State Of Maharashtra & Others on 4 May, 1977

Hon'ble Single Judge further relying on judgment of the apex Court in S.B. Patwardhan v. State of Maharashtra and others, (1997)3 Supreme Court Cases 399 took the view that seniority has to be counted from the date of appointment and not according to the date of confirmation. Hon'ble Single Judge took the view that the respondent no. 4 having been appointed earlier, mere fact that appellant was confirmed earlier, is not relevant. It has further been held by Hon'ble Single Judge that rule 19 contains the word "ordinarily" which expression does not mean solely rather it is flexible which gives option to the authority to determine seniority for the purpose of promotion. Hon'ble Single Judge further held that the list prepared in the year 1985 was not the seniority list and seniority was not ever determined and the order dated 10.1.1996, which was passed by Hon'ble Administrative Judge on the representation of the appellant was ex-parte.
Supreme Court of India Cites 16 - Cited by 123 - Y V Chandrachud - Full Document

Om Prakash Shukla vs Akhilesh Kumar Shukla & Ors on 18 March, 1986

The first submission of learned counsel for the appellant is that 1991 Rules are general rules which shall have no effect on 1947 Rules. It is contended that 1947 Rules have been continued in force by virtue of Article 372 of the Constitution of India unless altered or repealed or amended by a competent Legislature or other competent authority. Reliance on the judgment of the apex Court in the case of Om Prakash Shukla Vs. Akhilesh Kumar Shukla and others, AIR 1986, S.C. 1043 has also been placed.
Supreme Court of India Cites 3 - Cited by 652 - E S Venkataramiah - Full Document

Union Of India & Ors vs S.K. Saigal & Ors on 15 November, 2006

Relying on the judgment of the apex Court in the case of Union of India and others Vs. S.K. Saigal and others AIR 2007 S.C 1211, it has been submitted that without there being challenge to Rule 19, the said Rule 19 could not have been ignored. The submission of learned Counsel for the appellant to the extent that Rule 19 was not challenged has substance. 1947 Rules being applicable for determination of seniority till 13 they are superseded by 1991 Rules have to be looked into for determination of seniority. In view of the above, now we proceed to consider the respective claim of the parties in accordance with Rule 19 of 1947 Rules. Rule 19 of 1947 Rules is as follows:
Supreme Court of India Cites 3 - Cited by 63 - H K Sema - Full Document

G. Chandra Sekhara Pillai, Suresh Babu. ... vs Chief General Manager, Telecom, ... on 21 February, 2003

The rule 19 provides that seniority in service for the purpose of promotion shall be ordinarily determined from 14 the date of confirmation. Word "ordinarily" came for consideration before the apex Court and this Court on several occasions. The appellant himself has placed reliance on the judgment of the apex Court in AIR 1961 S.C. 1346 Kailash Chand Vs. Union of India. The Apex Court was considering the provisions of Railway Establishment Code Rules 2046(2)
Kerala High Court Cites 0 - Cited by 664 - M R Nair - Full Document

Kailash Chandra vs Union Of India on 16 March, 1961

"9. The learned counsel for the respondents referred to various cases including the case of Kailash Chandra v. The Union of India 1961 (3) FLR 379 (SC), Nirmal Chand Jain v. The District Magistrate, Jabalpur and Anr. AIR 1976 MP 95, Krishan Dayal and Ors. v. General Manager, Northern Railway AIR 1954 Punjab 245 and the Full Bench in the case of AM. Patroni and Anr. v. E.C. Kesavan AIR 1965 Ker.75. In the said cases, the use of the word 16 'ordinarily' in various statutes and its implications have been considered. Considering the law laid down in the said cases and the meaning of the word 'ordinarily' as given in various Dictionaries it seems that the word 'ordinarily' means in the majority of cases but not invariably. Agreeing with the said view I feel that in the present rule also the word 'ordinarily' means majority of cases unless there are special circumstances."
Supreme Court of India Cites 4 - Cited by 89 - K C Gupta - Full Document

Krishan Dayal And Ors. vs General Manager, Northern Railway, ... on 17 June, 1954

"9. The learned counsel for the respondents referred to various cases including the case of Kailash Chandra v. The Union of India 1961 (3) FLR 379 (SC), Nirmal Chand Jain v. The District Magistrate, Jabalpur and Anr. AIR 1976 MP 95, Krishan Dayal and Ors. v. General Manager, Northern Railway AIR 1954 Punjab 245 and the Full Bench in the case of AM. Patroni and Anr. v. E.C. Kesavan AIR 1965 Ker.75. In the said cases, the use of the word 16 'ordinarily' in various statutes and its implications have been considered. Considering the law laid down in the said cases and the meaning of the word 'ordinarily' as given in various Dictionaries it seems that the word 'ordinarily' means in the majority of cases but not invariably. Agreeing with the said view I feel that in the present rule also the word 'ordinarily' means majority of cases unless there are special circumstances."
Punjab-Haryana High Court Cites 4 - Cited by 11 - Full Document

Aldo Maria Patroni And Anr. vs E.C. Kesavan And Ors. on 1 October, 1964

From the above decision, it is clear that the word "ordinarily" means majority of cases unless there are special circumstances. In the present case, Administrative Judge, while considering the inter-se seniority between the parties has taken the view that rule 19 uses the word "ordinarily" which is applicable only to those cases where the persons appointed in a cadre or confirmed or to completion of probation without any discrimination or a person coming from outside the cadre and joining service with different attributes of confirmation. Following was the observations made by the Administrative Judge in his order dated 23.1.2006:
Kerala High Court Cites 3 - Cited by 65 - Full Document
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