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1 - 10 of 33 (0.84 seconds)Article 16 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
State Of U.P. & Ors vs Rajkumar Sharma & Ors on 3 March, 2006
In a situation where the posts in
excess of those advertised had been filled up in
extraordinary circumstances, instead of invalidating the
excess appointments, the relief could be moulded in such
a manner so as to strike a just balance keeping the
interest of the State and the interest of the person 2 State
of U.P. and Others vs. Rajkumar Sharma and Others
(2006) 3 SCC 330 3 Arup Das and Others vs. State of
Assam and Others (2012) 5 SCC 559 seeking public
Neutral Citation
2024:CGHC:22309
Page 47 of 53
employment depends upon the facts of each case for
which no set standard can be laid down.
A. K. Subraman & Ors. Etc vs Union Of India And Ors on 11 December, 1974
"30. It would be relevant to refer to the judgments of this
Court which have dealt with the scope of the expression
"cadre". Rule 4(2) of the Central Engineering Service,
Class I, Recruitment Rules, 1954 provided that 75% of the
vacancies in the grade of Executive Engineer, Class I
shall be filled by promotion from Assistant Executive
Engineers, Class I. Interpreting the words "vacancies in
the grade of Executive Engineer", this Court in A.K.
Subraman & Ors. v. Union of India & Ors. 13 held that the
word "grade" is used in the sense of cadre.
Dr. Chakradhar Paswan vs State Of Bihar & Ors on 8 March, 1988
31. The dispute that arose for consideration of this Court
in Dr Chakradhar Paswan v. State of Bihar & Ors. 14
relates to the posts of Director and three Deputy Directors
in the Directorate of Indigenous Medicines, Department of
Health, State of Bihar being grouped together for the
purpose of implementing the 13 (1975) 1 SCC 319 14
(1988) 2 SCC 214 34 | P a g e policy of reservation under
Article 16(4) of the Constitution of India. This Court was of
the opinion that though the Director and three Deputy
Directors are Class I posts, the posts of Director and
Deputy Directors do not constitute one 'cadre'. It was held
that the term "cadre" has a definite legal connotation in
service jurisprudence. This Court referred to Fundamental
Rule 9(4) which defines the word "cadre" to mean the
strength of a service or part of a service sanctioned as a
separate unit. It was observed that as the post of Director
is the highest post in the Directorate of Indigenous
Medicines for which a higher pay scale is prescribed in
comparison to Deputy Directors, who are entitled to a
lower scale of pay, they constitute two distinct cadres or
grades. This Court further expressed its view that it is
open to the Government to constitute as many cadres in
any particular service as it may choose, according to
administrative convenience and expediency. This Court
Neutral Citation
2024:CGHC:22309
Page 53 of 53
concluded that the post of Director and Deputy Directors
constitute different cadres in the service".
Shiba Shankar Mohapatra & Ors vs State Of Orissa & Ors on 12 November, 2009
Shiba Shankar Mohapatra
(Supra) is a judgment of 2010, which has laid down that,
three to four years would be a reasonable period to
challenge a seniority list and also that any challenge
beyond the aforesaid period would require satisfactory
explanation."
Article 309 in Constitution of India [Constitution]
Arup Das & Ors vs State Of Assam & Ors on 27 January, 2012
In Arup Das and Others vs. State of Assam and Others
6, this Court observed that:
Jagdish Ch. Patnaik & Ors. Etc., ... vs State Of Orissa & Ors., State Of Orissa & ... on 7 April, 1998
(2)
SCC 44 and Jagdish Ch. Patnaik & Ors. Vs. State of Orissa &
Ors. reported in 1998 (4) SCC 456.