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Kakinada Durga Prasad vs Central Board Of Indirect Taxes A& ... on 26 July, 2023 cites

K. H. Phadnis vs State Of Maharashtra on 19 March, 1971

29. An order of reversion is (in its immediate effect) bound to always result in a reduction in rank. Even a reversion from a higher but temporary or officiating rank to a lower substantive rank is in a sense a reduction. But such orders of reversion are not always reduction in rank. If the officer is promoted substantively to a higher post or rank, he gets a right to that particular post or rank and if he is afterwards reverted to the lower post or rank which he held before, it is a "reduction in rank" in the technical sense. The real test in all such cases is to ascertain if the officer concerned has a right to the post from which he is reverted. If he has a right to the post then a reversion is a punishment. If, on the other hand, the officer concerned has no right to the post, he can be reverted without attracting the provisions of Article 311. On this very question of reversion, the Hon'ble Supreme Court in the case of K H Phadnis v. State of Maharashtra (AIR 1971 SC 998) has held as follows:
Supreme Court of India Cites 6 - Cited by 59 - A N Ray - Full Document

Sarat Chandra Mishra & Ors vs State Of Orissa & Ors on 3 January, 2006

24. On the question of seniority on which the applicants contended that the respondents cannot be permitted to unsettle the seniority, there are plethora of judgments rendered by the Hon'ble Supreme Court and the High Courts where it is held that seniority once settled cannot be unsettled after a long lapse of time in the wake of principle of a chaotic situation to arrive and also under public policy, as ruled by the Apex Court in Sarat Chandra Mishra v. State of Orissa, (2006 (1) SCALE 9).
Supreme Court of India Cites 6 - Cited by 19 - S B Sinha - Full Document
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