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1 - 7 of 7 (0.20 seconds)Article 14 in Constitution of India [Constitution]
Bal Kishan vs Delhi Administration And Anr. on 6 October, 1989
Honourable Supreme Court in Bal Kishan v. Delhi Admn., 1989 Supp (2)
SCC 351 has held as under:-
Union Of India & Ors vs K.B. Rajoria on 28 March, 2000
An apt answer is found in the Hon'ble Supreme Court observation in Union of
India v. K.B. Rajoria, (2000) 3 SCC 562, wherein Hon'ble Apex Court had
occasion to deal with the term, 'regular' and it came to the conclusion that as
long as an appointment is not irregular, the same is regular. The following is the
relevant observation of the Apex Court in this regard:
Bhargavi Constructions vs Kothakapu Muthyam Reddy on 7 September, 2017
Thus the legal principle of treating the OM dt 25.3.1996 of DOPT as
statutory in nature has been well settled. Therefore based on this decision the
applicants would be eligible for promotion in terms of DOPT memo cited.
Incidentally, it has been brought on record by the respondents that the
Recruitment rules have been amended vide lr 13.12.2018. Having submitted the
fact that unless recruitment rule is amended relief cannot be granted to the
applicants taking the stand that the issue of seniority has to be settled to grant
promotion is akin to changing stands as per convenience. Respondents
13 OA 20/808/2018 & 21/1016/2018
organization is a Model Employer and therefore, it is expected of them to take a
uniform and fair stand. Respondents stated that they have not received any orders
from the Board in regard to implementation of the Judgement of the Hon'ble
Principal Bench of this Tribunal in the aforesaid OA. Respondents may have to
note that a judicial precedent is binding on them as long as it holds its ground.
Hon'ble Supreme Court in Bhargavi Constructions & Anr Vs. Kothakapu
Muthyam Reddy & Ors, 2017 AIR (SC) 4428, 2017 (5) ALT 35 has observed as
under:
Article 16 in Constitution of India [Constitution]
M.G. Hanumantha Rao vs Union Of India (Uoi) on 1 April, 1992
Procedural formalities should not come in the way of the merit of the applicants.
Merit has been decided by SSC ranking. That is exactly the reason as to why a
plethora of instructions referred to were issued to reckon seniority based on the
select list of the selecting authority. Thus the notional seniority will be as per the
SSC ranking. The short but sharp question is as to whether the notional seniority
granted to the applicants could also fetch them the qualifying service for
promotion to the next higher post. Answer to this question is available in the
decision of the Hon'ble High Court of Andhra Pradesh in the case of G.
Hanumantha Reddy vs Union of India (1986) AP(LJ) 16 wherein the Hon'ble
High Court has held as under:-
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