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1 - 10 of 10 (0.22 seconds)Section 3 in The Advocates Act, 1961 [Entire Act]
Ramakant Shripad Sinai Advalpalkar vs Union Of India And Others on 31 October, 1990
A somewhat similar situation occurred in Ramakant Shripad Sinai Advalpalkar Vs. Union of India and others, 1991 Supple (2) SCC 733 and the Apex Court observed as under:-
P.K. Chinnasamy vs Government Of Tamil Nadu And Ors. on 14 October, 1987
43. Appointment and posting in cadre post has to be a usual feature and keeping a cadre post vacant and sending an officer on deputation must be an exception for which there should be some reason or justification. In the present case, we find none. It is a fit case where we may remind State Authorities as to what was observed by Apex Court, long back, in P.K. Chinnasami Vs. Government of Tamil Nadu and Others, AIR 1988 SC 78, as under:
Article 14 in Constitution of India [Constitution]
Uttar Pradesh Intermediate Education Act, 1921
The U.P. Basic Education Act, 1972
Smt. Vijay Rani Wife Of Sri N.C. Jain, ... vs Regional Inspectress Of Girls Schools, ... on 27 November, 2006
In our view, what has been said in Smt. Vijay Rani (supra) with reference to an appointment on higher post and discharge of duties on higher post without making appointment thereon, would equally apply when the two posts are of same status, but have different and independent identity.
The Right of Children to Free and Compulsory Education Act, 2009
State Of Haryana vs S.M. Sharma And Ors on 20 April, 1993
"Taking charge of a higher office and discharge its function; and to discharge function of a higher office after promotion pursuant to an order of promotion, whether on regular or ad-hoc or officiating basis, are two different things. In the former, the incumbent continue to possess the status and position of the office in which he/she is appointed substantively but look after the duties of the higher office of which charge has been handed over in addition to her substantive duties, but it does not result in a vacancy of any kind to the post/office, the incumbent is substantively holding, but, in the later case, the incumbent vacates his substantive office and discharge function of higher office by occupying the higher post. If the promotion is officiating or ad hoc such occupancy may be temporary, but the fact remain that it result in a vacancy in the lower post, may be short term and temporary. ........In State of Haryana Vs. S.M. Sharma AIR 1993 SC 2273, the Chief Administrator of the Board entrusted Sri S.M. Sharma, with the current duty charge of the post of Executive Engineer, which was subsequently withdrawn as a result of his transfer to other post. He challenged the said order stating that it amounts to reversion. The Apex Court held that Sri Sharma was only having current duty charge of the Executive Engineer and was never promoted or appointed to the aforesaid post and therefore, on transfer to some other post, it did not result in reversion from the post of Executive Engineer.
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