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1 - 10 of 13 (1.34 seconds)Article 14 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Union Of India And Anr vs Lt Col P.K. Choudhary And Ors on 15 February, 2016
(d) Lastly, Sri. M.S. Bhagwat argued that, ranking
in the seniority list cannot be altered without hearing the
affected parties and in this regard, he refers to the
Judgment of the Hon'ble Supreme Court in the case of
UNION OF INDIA AND ANOTHER Vs. P.K. RAI AND
OTHERS reported in AIR 1968 SC 850 and argued that,
the respondent - Board ought to have followed the
principles of natural justice, before issuing the impugned
seniority list and accordingly sought for setting aside the
impugned seniority list challenged in these writ petitions.
State Of Jammu & Kashmir vs Triloki Nath Khosa & Ors on 26 September, 1973
11. Sri Ashok Haranahalli, learned Senior Counsel
appearing for the petitioners in W.P. No.4453/2020
argued that, the petitioners in the said writ petition have
completed Graduation while in service, however their
names have been included in the non Graduate Seniority
List. He further contended that, though there was no
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provision for preparing a separate Seniority List of
Graduates and non Graduates under the Regulations, and
therefore, he emphasized that the respondent - Board has
committed an error in preparing the distinct Seniority List
as such sought for interference of this Court. Nextly, he
contended that, there should not be any discrimination
between Graduate Engineers and non Graduate Engineers
while considering the case of petitioners for promotion to
higher cadre. To buttress his arguments, Sri. Ashok
Haranahalli, learned Senior Counsel refers to the
judgment of the Hon'ble Supreme Court in the case of
STATE OF JAMMU KASHMIR Vs. SRI. TRILOKI NATH
KHOSA reported in (1974) 1 SCC 19 and argued that,
once the cadre is consolidated / integrated into a common
class, there cannot be a distinguishing feature of
qualification acquired by the candidates.
Union Of India And Ors vs Arun Kumar Roy on 23 January, 1986
In this regard, he places reliance on the
Judgment of the Hon'ble Supreme Court in the case of
UNION OF INDIA Vs. ARUN KUMAR ROY reported in
(1986) 1 SCC 675 and accordingly, sought for
interference of this Court.
K.R. Mudgal & Ors vs R.P. Singh & Ors on 30 September, 1986
Learned
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counsel places reliance on the Judgment of the Hon'ble
Supreme Court in the case of K.R. MUDGAL AND
OTHERS Vs. R.P. SINGH AND OTHERS reported in AIR
1986 SC 2086.
Amarjeet Singh & Ors vs Devi Ratan & Ors on 18 November, 2009
He also referred to the Judgment of the
Hon'ble Supreme Court in the case of AMARJEET SINGH
AND OTHERS Vs. DEVI RATAN AND OTHERS reported
in (2010) 1 SCC 417 and argued that, prayer made in
the writ petitions has to be accepted.
V. B. Badami Etc vs State Of Mysore & Ors on 17 September, 1975
It is also relevant to cite the findings in the case of V.B.
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BADAMI AND OTHERS Vs. STATE OF MYSORE AND
OTHERS reported in (1976) 2 SCC 901, wherein it is
held that, seniority is based on confirmation as full
member of the service in the substantive vacancy. The
quota between promotees and direct recruits is to be fixed
with reference to the permanent strength in the cadre. As
long as the quota rule remains, neither promotees could
be allotted in any of the substantive vacancies of the
quota of direct recruits nor direct recruits could be allotted
to the promotional vacancies.