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Union Of India And Ors vs Union Of India & Anr. Air 1989 1215 ... on 19 August, 2010

8. It is evident that the general rule or principle indicated by the Supreme Court in the O.P. Gupta (supra) case was that the date of initial entry into a grade or cadre is to be the determinative point of time for reckoning seniority. However, the Supreme Court was alive to the fact that the application of this rule would result in wholesale reversion that such a consequence might affect the reserved category employees; it was likely to disturb the ratio between general candidates and those in the reserved categories. In these circumstances, it directed the respondents to review the promotion so as to ensure that the reservations in accordance with the existing roster allocations were maintained. This necessarily implied that while re-working the seniority for each post, i.e. LDC,UDC and Assistant, the respondent had to also ensure that reversion of SC candidates could be resorted to only if the vacancy slots were filled by another identically placed reserved category candidate.
Jammu & Kashmir High Court Cites 4 - Cited by 222 - M Mir - Full Document

D.P. Sharma & Ors vs Union Of India & Anr on 21 February, 1989

"After examining the judgment of this Court in D.P. Sharma Vs. Union of India as well as R.K. Khosla Vs. U.O.I, we have no manner of doubt that the seniority of all those employees, who had been in the Army Headquarters prior to 1968 has to be determined/ redetermined on the basis of continuous length of service irrespective of their date of confirmation in accordance with the office Memorandum then in force. In that view of the matter, the reverted employees, who had joined the Army Headquarters being selected by the Union Public Service Commission cannot claim to be belonging to a different category so as to be excluded from the purview of the judgment of this court in Sharma and Khosla."
Supreme Court of India Cites 3 - Cited by 34 - K J Shetty - Full Document

Dr. R.K. Khola vs Union Of India (Uoi) And Ors. on 4 April, 2001

"After examining the judgment of this Court in D.P. Sharma Vs. Union of India as well as R.K. Khosla Vs. U.O.I, we have no manner of doubt that the seniority of all those employees, who had been in the Army Headquarters prior to 1968 has to be determined/ redetermined on the basis of continuous length of service irrespective of their date of confirmation in accordance with the office Memorandum then in force. In that view of the matter, the reverted employees, who had joined the Army Headquarters being selected by the Union Public Service Commission cannot claim to be belonging to a different category so as to be excluded from the purview of the judgment of this court in Sharma and Khosla."
Central Administrative Tribunal - Ahmedabad Cites 7 - Cited by 3 - Full Document
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