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State Of Uttaranchal & Anr .... ... vs Dinesh Kumar Sharma ....Respond on 4 December, 2006 cites

K.V. Subba Rao & Ors. Etc vs Government Of Andhra Pradesh & Ors on 24 February, 1988

It was further submitted that the decision to promote the respondent was taken by the appellants in accordance with the Service Regulations present in U.P and that no interference could be made to such orders. Also that, the High Court was not justified in overlooking the Statute Law as well as the case laws where it is stated in clear terms that, seniority is determinable with reference to the date of substantive appointment. This was the view taken by this Court in K.V. Subba Rao & Ors. vs. Government of Andhra Pradesh & Ors. (supra) Smt. M. Nirmala & Ors vs. State of Andhra Pradesh & Ors. 1986 (3) SCC 647 and Sanjay K. Sinha-II & Ors vs. State of Bihar & Ors 2004 (10) SCC 734. In all these cases this Court has categorically held that seniority must be reckoned from the date of substantive appointment under the relevant rules and also that the right to frame rules for the determination of inter-se seniority is the prerogative of the State.
Supreme Court of India Cites 4 - Cited by 59 - M Rangnath - Full Document

State Of Bihar And Others Etc vs Akhouri Sachindra Nath And Others Etc on 19 April, 1991

"On an issue regarding the inter se seniority among the direct recruits and promotees the Court applying the ratio of State of Bihar v. Akhouri Sachindananda Nath held that the appellants who were direct recruits shall be considered senior over the promotees not borne on the cadre when the direct recruits were appointed in service. Hence the gradation list drawn under which promotees were given seniority over direct recruits could not be sustained and was thereby set aside".
Supreme Court of India Cites 2 - Cited by 119 - B C Ray - Full Document

Uttaranchal Forest Rangers' ... vs State Of U.P. And Ors on 25 September, 2006

In a recent judgment of this court in Uttaranchal Forest Rangers Association (Direct Recruit) & Ors vs. State of U.P.& Ors 2006(9) Scale 577, (Dr. AR. Lakshmanan and Tarun Chatterjee) this Court was of the view that seniority has to be decided on the basis of Rules in force on the date of appointment, no retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre.
Supreme Court of India Cites 15 - Cited by 185 - A R Lakshmanan - Full Document
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