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C. Shivashankar vs Bangalore Mahanagara Palike And Ors. on 26 September, 2001 cites

Union Of India & Anr vs P.K. Roy & Ors on 9 November, 1967

In that decision, relying upon the observations made by the Apex Court in P.K. Roy's case, supra, I had taken the view that the employer cannot alter the ranking assigned to an employee officer in the provisional seniority list to his disadvantage while preparing the final seniority list without issuing an appropriate show-cause notice to the person who may be affected by such alteration in the final seniority list. In that decision, I had stated as under:
Supreme Court of India Cites 16 - Cited by 293 - V Ramaswami - Full Document

S. K. Ghosh And Anr vs Union Of India & Ors on 2 April, 1968

28. In service law, before publication of final seniority list by an employer, certain formalities requires to be observed. The first step in that regard is the preparation of provisional or draft gradation list and the same is required to be circulated to the employees concerned for the purpose of inviting objections from them. The next stop is to consider the objections raised by the affected persons. The last and the final step is to publish the final gradation list. If for any reason, ranking assigned in the provisional gradation list has to be altered or reviewed, the person/employee, who is going to be affected by such alteration or modification after considering the objections filed by the aggrieved person, a show-cause notice requires to be issued to the employee concerned, inter alia directing him to show cause why his ranking assigned in the provisional gradation list should not be altered or modified. This practice is inspired by the principles of natural justice. Secondly, a mistake in the draft gradation list can be rectified, since any ranking assigned in the provisional or draft gradation list does not confer any right on the employee but before reviewing or altering the ranking assigned to an employee to his disadvantage, a show-cause notice is a must and that would be in compliance of principles of natural justice. The Apex Court in the case of S.K. Ghosh and Anr. v. Union of India and Ors., was pleased to state, that seniority once fixed, creates a right in favour of a civil servant. Any alteration of the seniority would adversely affect the right of a civil servant. An alteration of seniority without notice k) the person so affected would be opposed to principles of natural justice.
Supreme Court of India Cites 2 - Cited by 24 - V Bhargava - Full Document
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