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1 - 10 of 55 (0.74 seconds)Article 311 in Constitution of India [Constitution]
Section 17 in The Employees' State Insurance Act, 1948 [Entire Act]
Article 14 in Constitution of India [Constitution]
The Code of Civil Procedure, 1908
Directorate Of Film Festivals & Ors vs Gaurav Ashwin Jain & Ors on 11 April, 2007
We find merit in the submission of the official respondents.
Respondents cited the judgment of Hon'ble Supreme Court in Reserve
Bank of India and Ors. v. N.C. Paliwal and others- {(1976 4 SCC 838}, Directorate
of Film Festivals and others v. Gaurav Ashwin Jain and others-{2007 (4) SCC 737}
dated 11.04.2007 and the judgement of the Hon'ble Supreme Court in Jacob
Puliyel v. Union of India {2022 (3) KLT SN 55(Case No.43) dated 02.05.2022
wherein it was held that :-
Deepak Agrawal & Anr vs State Of U.P. & Ors on 31 March, 2011
5. When there is no statutory duty cast upon the State to consider
appointments to vacancies that existed prior to the amendment,
the State cannot be directed to consider the cases (Deepak Agarwal
v. State of U. P., 2011 (6) SCC 725, Para 25)."
Section 97 in The Employees' State Insurance Act, 1948 [Entire Act]
Preetha V vs Harigovid K.G on 21 November, 2019
(iii) Judgement of the Hon'ble High Court of Kerala in Preethi G.V. v. Anidarsa
K.{2024 (4) KHC 377} dated 13.06.2024
"3.........There is no fundamental right to claim for transfer to the
2026.02.10
V R Arunkumar 15:31:21
+05'30'
149
O.A Nos. 14/23;92/23, 43/25; 46/25; 70/25;252/25;
495/25; 497/25; 500/25, 501/25 & 552/25 & CP No.33/2025
place of their choice. Transfer policy can be only questioned on
well defined parameters while applying its norms in a
homogeneous group. If the Government chooses or prefers a few
as against others in the same group overlooking the objective of
norms, then it can be said action is arbitrary, but norms continue
to be valid........"
The Union Of India vs Krishna Kumar on 14 January, 2019
2. It is now a settled proposition of law that a candidate has a right
to be considered in the light of the existed rules, which implies the
"rule in force" as on the date consideration takes place. The right
to be considered for promotion occurs on the date of
consideration of the eligible candidates (Deepak Agarwal v. State of
U. P., 2011 (6) SCC 725, Para 26; Union of India v. Krishna Kumar,
2019 (4) SCC 319, Para 10).