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1 - 7 of 7 (0.19 seconds)Article 16 in Constitution of India [Constitution]
Ajit Singh Januja & Ors vs State Of Punjab & Ors on 1 March, 1996
38. A Constitution Bench in case of Ajit Singh vs.
State of Punjab: (1997) 7 SCC 209, laying
emphasis on Article 14 and Article 16(1) of the
Constitution of India held that if a person who satisfies
the eligibility and the criteria for promotion but still is
not considered for promotion, then there will be clear
violation of his/her's fundamental right. Jagannadha
Rao,J. speaking for himself and Anand, CJI.,
Venkataswami, Pattanaik, Kurdukar, JJ., observed
the same as follows in paragraphs 21 and 22 and 27:
M.P.Singh Bargoti vs State Of Madhya Pradesh & Anr on 27 November, 2014
(I) M.P. Singh Bargoti Vs. State of Madhya Pradesh and
Another reported in (2014) 15 SCC 553; and
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[2023:RJ-JP:23419] (3 of 10) [CW-21006/2017]
(II) Major General H.M. Singh, VSM Vs. Union of India and
Another reported in (2014) 3 SCC 670.
State Of Bihar And Others Etc vs Akhouri Sachindra Nath And Others Etc on 19 April, 1991
(1990)2 SCC 715. The principle was reiterated by this
Court in State of Bihar v Akhouri Sachindra Nath:
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:
Director, Lift Irrigation Corporation ... vs Pravat Kiran Mohanty And Ors on 12 February, 1991
[2023:RJ-JP:23419] (7 of 10) [CW-21006/2017]
"37. This Court, time and again, has laid emphasis on
right to be considered for promotion to be a
fundamental right, as was held by K. Ramaswamy,
J., in the case of Director, Lift Irrigation
Corporation Ltd. and Others vs. Pravat Kiran
Mohanty and Others: (1991) 2 SCC 295 in
paragraph 4 of the report which is reproduced below:
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