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1 - 10 of 17 (0.43 seconds)C. P. Damodaran Nayar And P. S. Menon vs State Of Kerala And Others on 20 December, 1973
The Court distinguished the case of C.P. Damodaran Nayar v.
State of Kerala & Ors., [1974] 2 SCR 867 on the ground that
the temporary service rendered by a District Munsiff re-
cruited in a regular manner through the Public Service
Commission could not, by any stretch of imagination, be
considered to be purely as a matter of fortuitous or stop-
gap arrangement. The distinguishing features in Mayakutty's
case, in the words of Chandrachud, CJ. were:
G.S. Lamba & Ors vs Union Of India & Ors on 22 March, 1985
To the same effect are the decisions in O.P. Singla v. Union
of India, [1984] 4 SCC 450; G,S. Larnba v. Union of India,
[1985] 2 SCC 604; P.S. Mahal v. Union of India, [1984] 4 SCC
545 and Pran Krishna Goswami & Ors. v. State of West Bengal
& Ors., [1985] Suppl. SCC 221. It must now be taken as
well-established after these decisions that in the absence
of any other valid principle of seniority, the inter-se
seniority between direct recruits and promotees should as
far as possible be determined by the length of continuous
service whether temporary or permanent in a particular grade
or post (this should exclude periods for which an appoint-
ment is held in a purely stop-gap or fortuitous
arrangement). No doubt, there are certain observations in
the two cases of G.P. Doral and Narender Chadha which seem
to run counter to the view we have taken, but these deci-
sions turned on their own peculiar facts and are therefore
clearly distinguishable and they do not lay down any rule of
universal application.
P.S.Mahal & Ors vs Union Of India & Ors on 23 May, 1984
To the same effect are the decisions in O.P. Singla v. Union
of India, [1984] 4 SCC 450; G,S. Larnba v. Union of India,
[1985] 2 SCC 604; P.S. Mahal v. Union of India, [1984] 4 SCC
545 and Pran Krishna Goswami & Ors. v. State of West Bengal
& Ors., [1985] Suppl. SCC 221. It must now be taken as
well-established after these decisions that in the absence
of any other valid principle of seniority, the inter-se
seniority between direct recruits and promotees should as
far as possible be determined by the length of continuous
service whether temporary or permanent in a particular grade
or post (this should exclude periods for which an appoint-
ment is held in a purely stop-gap or fortuitous
arrangement). No doubt, there are certain observations in
the two cases of G.P. Doral and Narender Chadha which seem
to run counter to the view we have taken, but these deci-
sions turned on their own peculiar facts and are therefore
clearly distinguishable and they do not lay down any rule of
universal application.
Article 14 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
O.P. Singla & Anr. Etc vs Union Of India & Ors on 14 August, 1984
To the same effect are the decisions in O.P. Singla v. Union
of India, [1984] 4 SCC 450; G,S. Larnba v. Union of India,
[1985] 2 SCC 604; P.S. Mahal v. Union of India, [1984] 4 SCC
545 and Pran Krishna Goswami & Ors. v. State of West Bengal
& Ors., [1985] Suppl. SCC 221. It must now be taken as
well-established after these decisions that in the absence
of any other valid principle of seniority, the inter-se
seniority between direct recruits and promotees should as
far as possible be determined by the length of continuous
service whether temporary or permanent in a particular grade
or post (this should exclude periods for which an appoint-
ment is held in a purely stop-gap or fortuitous
arrangement). No doubt, there are certain observations in
the two cases of G.P. Doral and Narender Chadha which seem
to run counter to the view we have taken, but these deci-
sions turned on their own peculiar facts and are therefore
clearly distinguishable and they do not lay down any rule of
universal application.
Narender Chadha & Ors vs Union Of India & Ors on 11 February, 1986
It is asserted that the recent
pronouncement of this Court in the case of Narendra Chadha &
Ors. v. Union of India & Ors., [1986] 2 SCC 157 supports
this view. The argument at first blush appears to be plausi-
ble but on deeper consideration is not worthy of acceptance.
We proceed to give reasons therefor.
Pran Krishna Goswami & Ors vs State Of West Bengal And Ors on 24 April, 1985
To the same effect are the decisions in O.P. Singla v. Union
of India, [1984] 4 SCC 450; G,S. Larnba v. Union of India,
[1985] 2 SCC 604; P.S. Mahal v. Union of India, [1984] 4 SCC
545 and Pran Krishna Goswami & Ors. v. State of West Bengal
& Ors., [1985] Suppl. SCC 221. It must now be taken as
well-established after these decisions that in the absence
of any other valid principle of seniority, the inter-se
seniority between direct recruits and promotees should as
far as possible be determined by the length of continuous
service whether temporary or permanent in a particular grade
or post (this should exclude periods for which an appoint-
ment is held in a purely stop-gap or fortuitous
arrangement). No doubt, there are certain observations in
the two cases of G.P. Doral and Narender Chadha which seem
to run counter to the view we have taken, but these deci-
sions turned on their own peculiar facts and are therefore
clearly distinguishable and they do not lay down any rule of
universal application.