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K.N. Parekh And 3 Ors. vs State Of Gujarat And 5 Ors. on 13 June, 2006 cites

Pramod K. Pankaj vs State Of Bihar And Ors on 20 November, 2003

9. Mr. Pujara has assailed the judgment of the learned Single Judge. In the submission of Mr. Pujara the learned Single Judge has failed to appreciate the matter at dispute and has wrongly dismissed the petition preferred by the appellants. He has submitted that it is true that Rule 14 of the Rules of 1969 and Rule 22 of the Rules of 1974 govern the interse seniority of the Rangers who pass the examination in the same batch. He has submitted that in absence of any rule to the contrary the selected candidate passing the Rangers Course earlier and appointed earlier shall get the seniority over the later batch on the principle of continuous officiation. He has submitted that considering the said universal principle of seniority the appellants who were appointed in the month of February, 1981 and who had joined the service in the month of March, 1981 should get the placement above the contesting respondents who were appointed as Rangers later and who joined the service as Rangers later. In support of his submissions, Mr. Pujara has relied upon the judgments of the Hon'ble Supreme Court in the matters of Suraj Parkash Gupta and Ors. etc. v. State of Jammu and Kashmir and Ors. ; of Pramod K. Pankaj v. State of Bihar and Ors. ; of Prafulla Kumar Swain v. Prakash Chandra Misra and Ors. 1993 Supp.
Supreme Court of India Cites 8 - Cited by 31 - S B Sinha - Full Document

Prafulla Kumar Swain Etc. Etc vs Prakash Chandra Misra And Ors on 18 January, 1993

9. Mr. Pujara has assailed the judgment of the learned Single Judge. In the submission of Mr. Pujara the learned Single Judge has failed to appreciate the matter at dispute and has wrongly dismissed the petition preferred by the appellants. He has submitted that it is true that Rule 14 of the Rules of 1969 and Rule 22 of the Rules of 1974 govern the interse seniority of the Rangers who pass the examination in the same batch. He has submitted that in absence of any rule to the contrary the selected candidate passing the Rangers Course earlier and appointed earlier shall get the seniority over the later batch on the principle of continuous officiation. He has submitted that considering the said universal principle of seniority the appellants who were appointed in the month of February, 1981 and who had joined the service in the month of March, 1981 should get the placement above the contesting respondents who were appointed as Rangers later and who joined the service as Rangers later. In support of his submissions, Mr. Pujara has relied upon the judgments of the Hon'ble Supreme Court in the matters of Suraj Parkash Gupta and Ors. etc. v. State of Jammu and Kashmir and Ors. ; of Pramod K. Pankaj v. State of Bihar and Ors. ; of Prafulla Kumar Swain v. Prakash Chandra Misra and Ors. 1993 Supp.
Supreme Court of India Cites 7 - Cited by 75 - S Mohan - Full Document

Amarjit Singh Ahluwalia vs The State Of Punjab & Ors on 20 December, 1974

10. The Appeal is contested by Mr. Sinha. He has referred to paragraphs 21 and 25 of the impugned judgment. He has submitted that the impugned judgment was carried in appeal before the Division Bench and further before the Hon'ble Supreme Court. Both the appellate forums have upheld the impugned judgment passed by the learned Single Judge. He has submitted that the principle laid down by the learned Single Judge has thus been finally approved. The challenge in the present Appeal is, therefore, not sustainable. He has submitted that in any view of the matter the appointment of the appellants as Rangers was irregular in as much as none of the appellants had undergone two years' training in Rangers Course, a statutory prerequisite for appointment as Rangers. The initial appointment of the appellants thus being irregular, they cannot have a right to seniority from the date of their appointment. He has submitted that had the appellants been given two years' training as required under the Rules of 1969, or of 1974 they could not have acquired the eligibility for appointment as Rangers until the year 1982. The appellants, therefore, could not have been appointed as Rangers prior to 1982. That being the relevant date, the appellants shall be considered junior to the contesting respondents. He has, therefore, supported the impugned order issued by the State Government on 29th September, 1993. He has submitted that the representation made by the contesting respondents was never answered by the State Government and was pending before the State Government. The communication dated 5th March, 1987 issued by the Principal Chief Conservator of Forests was without the authority of law and shall not govern the seniority of the contesting respondents vis-a-vis the appellants. He has submitted that the principle that seniority is not a vested right has been well-settled and has been consistently operated over the years. The appellants' initial appointment as Rangers made in the year 1981 without undergoing two years' training in Rangers Course as specified by the Rules of 1969, or of 1974 should be considered bad and illegal. Such appointment shall not confer right to seniority over the appellants.
Supreme Court of India Cites 5 - Cited by 149 - P N Bhagwati - Full Document

Union Of India & Ors. Etc. Etc vs Dr. S. Krishna Murthy & Ors. Etc. Etc on 26 September, 1989

In support of his submissions, Mr. Sinha has relied upon the judgments of the Hon'ble Supreme Court in the matters of Union of India and Ors. v. Dr. S. Krishna Murthy and Ors. ; of Wing Commander, J. Kumar v. Union of India and Ors. ; Page 1548 of Prabhakar and Ors. v. The State of Maharashtra and Ors. ; of Sanjay K. Sinha-II and Ors. v. State of Bihar and Ors. ; of Santosh Kumar and Ors. v. G.R. Chawla and Ors. and of Prafulla Kumar Das and Ors. v. State of Orissa and Ors. .
Supreme Court of India Cites 8 - Cited by 54 - M M Dutt - Full Document

Wing Commander J. Kumar vs Union Of India And Others on 5 March, 1982

In support of his submissions, Mr. Sinha has relied upon the judgments of the Hon'ble Supreme Court in the matters of Union of India and Ors. v. Dr. S. Krishna Murthy and Ors. ; of Wing Commander, J. Kumar v. Union of India and Ors. ; Page 1548 of Prabhakar and Ors. v. The State of Maharashtra and Ors. ; of Sanjay K. Sinha-II and Ors. v. State of Bihar and Ors. ; of Santosh Kumar and Ors. v. G.R. Chawla and Ors. and of Prafulla Kumar Das and Ors. v. State of Orissa and Ors. .
Supreme Court of India Cites 5 - Cited by 76 - V B Eradi - Full Document

Sanjay K. Sinha-Ii And Ors vs State Of Bihar And Ors on 31 May, 2004

In support of his submissions, Mr. Sinha has relied upon the judgments of the Hon'ble Supreme Court in the matters of Union of India and Ors. v. Dr. S. Krishna Murthy and Ors. ; of Wing Commander, J. Kumar v. Union of India and Ors. ; Page 1548 of Prabhakar and Ors. v. The State of Maharashtra and Ors. ; of Sanjay K. Sinha-II and Ors. v. State of Bihar and Ors. ; of Santosh Kumar and Ors. v. G.R. Chawla and Ors. and of Prafulla Kumar Das and Ors. v. State of Orissa and Ors. .
Supreme Court of India Cites 3 - Cited by 53 - A Kumar - Full Document

Santosh Kumar And Others vs G.R. Chawla And Others on 10 September, 2003

In support of his submissions, Mr. Sinha has relied upon the judgments of the Hon'ble Supreme Court in the matters of Union of India and Ors. v. Dr. S. Krishna Murthy and Ors. ; of Wing Commander, J. Kumar v. Union of India and Ors. ; Page 1548 of Prabhakar and Ors. v. The State of Maharashtra and Ors. ; of Sanjay K. Sinha-II and Ors. v. State of Bihar and Ors. ; of Santosh Kumar and Ors. v. G.R. Chawla and Ors. and of Prafulla Kumar Das and Ors. v. State of Orissa and Ors. .
Supreme Court of India Cites 0 - Cited by 49 - A R Lakshmanan - Full Document

Prafulla Kumar Das And Ors vs State Of Orissa And Ors on 7 October, 2003

In support of his submissions, Mr. Sinha has relied upon the judgments of the Hon'ble Supreme Court in the matters of Union of India and Ors. v. Dr. S. Krishna Murthy and Ors. ; of Wing Commander, J. Kumar v. Union of India and Ors. ; Page 1548 of Prabhakar and Ors. v. The State of Maharashtra and Ors. ; of Sanjay K. Sinha-II and Ors. v. State of Bihar and Ors. ; of Santosh Kumar and Ors. v. G.R. Chawla and Ors. and of Prafulla Kumar Das and Ors. v. State of Orissa and Ors. .
Supreme Court of India Cites 10 - Cited by 76 - V N Khare - Full Document
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