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1 - 10 of 32 (1.19 seconds)Brij Mohan Lal vs Union Of India & Ors on 6 May, 2002
The learned Senior Counsel Sri
Venkataramani, has also relied on the judgments of
this Court in Brij Mohan Lal v. Union of in
Debabrata Dash v. Jatindra Prasad in V. Venkata
Prasad v. High Court of A.P. and in Brij Mohan Lal
v. Union of India . We have looked into the
judgments referred above by the learned Senior
Counsel Sri Venkataramani and the party in
person. Having regard to issue involved in the
present appeals, we are of the view that the ratio
decided in the aforesaid cases would not render
any assistance in support of their claim in these
cases. The claim of seniority will depend upon
88
several factors, nature of appointment, rules as per
which the appointments are made and when
appointments are made, were such appointments
to the cadre posts or not, etc. When the appellants
were not appointed to any regular posts in the A.P.
Judicial Service, the appellants cannot claim
seniority based on their ad hoc appointments to
preside over Fast Track Courts. We are of the view
that the ratio decided in the said judgments relied
on by the appellants would not render any
assistance in support of their case.
Debabrata Dash & Anr vs Jatindra Prasad Das & Ors on 11 March, 2013
The learned Senior Counsel Sri
Venkataramani, has also relied on the judgments of
this Court in Brij Mohan Lal v. Union of in
Debabrata Dash v. Jatindra Prasad in V. Venkata
Prasad v. High Court of A.P. and in Brij Mohan Lal
v. Union of India . We have looked into the
judgments referred above by the learned Senior
Counsel Sri Venkataramani and the party in
person. Having regard to issue involved in the
present appeals, we are of the view that the ratio
decided in the aforesaid cases would not render
any assistance in support of their claim in these
cases. The claim of seniority will depend upon
88
several factors, nature of appointment, rules as per
which the appointments are made and when
appointments are made, were such appointments
to the cadre posts or not, etc. When the appellants
were not appointed to any regular posts in the A.P.
Judicial Service, the appellants cannot claim
seniority based on their ad hoc appointments to
preside over Fast Track Courts. We are of the view
that the ratio decided in the said judgments relied
on by the appellants would not render any
assistance in support of their case.
V. Venkata Prasad & Ors vs High Court Of A.P. & Ors on 29 June, 2016
The learned Senior Counsel Sri
Venkataramani, has also relied on the judgments of
this Court in Brij Mohan Lal v. Union of in
Debabrata Dash v. Jatindra Prasad in V. Venkata
Prasad v. High Court of A.P. and in Brij Mohan Lal
v. Union of India . We have looked into the
judgments referred above by the learned Senior
Counsel Sri Venkataramani and the party in
person. Having regard to issue involved in the
present appeals, we are of the view that the ratio
decided in the aforesaid cases would not render
any assistance in support of their claim in these
cases. The claim of seniority will depend upon
88
several factors, nature of appointment, rules as per
which the appointments are made and when
appointments are made, were such appointments
to the cadre posts or not, etc. When the appellants
were not appointed to any regular posts in the A.P.
Judicial Service, the appellants cannot claim
seniority based on their ad hoc appointments to
preside over Fast Track Courts. We are of the view
that the ratio decided in the said judgments relied
on by the appellants would not render any
assistance in support of their case.
The States Reorganisation Act, 1956
V. B. Badami Etc vs State Of Mysore & Ors on 17 September, 1975
In this regard, reiterating the principle laid down in
V.B. Badami (supra), the Hon'ble Supreme Court at
paragraphS 10 to 23 held as follows:
All India Judges' Association And ... vs Union Of India And Others on 24 August, 1993
In All India Judges case (3), this Court in
para 29 has held [all India Judges case (3) SCC p. 271]
"29. ... One of the methods of avoiding any
litigation and bringing about certainty in this regard
is by specifying quotas in relation to posts and not
in relation to the vacancies."
State Of Bihar And Others Etc vs Akhouri Sachindra Nath And Others Etc on 19 April, 1991
"31. This Court in Vinodanand Yadav v. State of
Bihar held on an issue regarding the inter se seniority
among the direct recruits and promotees the Court
applying the ratio of State of Bihar v. Akhouri Sachindra
Nath held that the appellants who were direct recruits
shall be considered senior over the promotees not borne
on the cadre when the direct recruits were appointed in
service. Hence the gradation list drawn under which
promotees were given seniority over direct recruits could
not be sustained and was thereby set aside."
Dinesh Kumar Gupta vs The Honble High Court For Judicature Of ... on 29 April, 2020
In this regard, the Hon'ble Supreme Court in
the case DINESH KUMAR GUPTA AND OTHERS VS.
76
HIGH COURT OF JUDICATURE OF RAJASTHAN AND
OTHERS reported in (2020) 19 SCC 604, at paragraphs
40 to 43 held as follows:
Conal Bihimappa vs State Of Karnataka & Ors on 11 August, 1987
In the case of GONAL BIHIMAPPA VS. STATE
OF KARNATAKA, reported in 1987 supp. SC 207, the
Hon'ble Supreme Court has held that, the interse seniority
between direct recruitees and the promotees should be
strictly adherence to the quota provided under the relevant
rules.