Search Results Page
Search Results
1 - 7 of 7 (0.26 seconds)Sgt. Shukla 'P' Pa, Sgt. Dagore J.S. Clk ... vs Union Of India (Uoi) And Ors. on 30 September, 2002
(d) The process of selection, in question, was the subject matter
of challenge before this Bench in OA No. 167/2006
3 O.A.No. 260/00635 of 2021
(S.N.Mishra Vs. UOI & Ors) and OA No. 623/2006 (P.R.Nayak
Vs UOI & Ors).
The Railway Board And Ors. vs P.R. Subramaniyam And Ors. on 29 November, 1977
In this OA, the applicant did not challenge the
Railway Board's Circulars dated 13.05.2011, 07.01.2013 and
05.02.2019 mandating the manner of preparing All India Integrated
Seniority List and it is a settled principle of law in the case
of Railway Board vs. P.R.Subramaniam, AIR 1978 SC 284 that the
Railway Board Circulars carry the statutory force of law. The
decision taken by the Railway Board is a matter of policy, which also
has not been challenged in this OA. Besides, any interference in the
matter, would have all India adverse repercussion. The All India
16 O.A.No. 260/00635 of 2021
Integrated Seniority List has been issued strictly in accordance with
the said policy decision. Hence, we are of the considered view that
this OA deserves to be dismissed.
Indu Shekhar Singh & Ors vs State Of U.P. & Ors on 28 April, 2006
10. Another important aspect, which has been noticed is that, one
of the prayers of the applicant in this OA is to direct the respondents
to place him in Sl. No. 157 of the All India Integrated List, which
prayer he did not press in course of hearing. Thus, going by the
existing prayer of the OA, it establishes that allowing the present
relief to the applicant, obviously, he will be placed above many of the
persons, whose names have been placed above him in the All India
Integrated Seniority list, but they have not been arraigned as parties
and, therefore, in absence of the parties, who shall be affected in the
matter of seniority, no relief can be granted is the law of the land
vide Indu Shekhar Singh and others v. State of U.P. and others,
(2006) 8 SCC 129, and Vijay Kumar Kaul and others v. Union of
India and others, reported at (2012) 7 SCC 610).
Vijay Kumar Kaul & Ors vs U.O.I. & Ors on 25 May, 2012
10. Another important aspect, which has been noticed is that, one
of the prayers of the applicant in this OA is to direct the respondents
to place him in Sl. No. 157 of the All India Integrated List, which
prayer he did not press in course of hearing. Thus, going by the
existing prayer of the OA, it establishes that allowing the present
relief to the applicant, obviously, he will be placed above many of the
persons, whose names have been placed above him in the All India
Integrated Seniority list, but they have not been arraigned as parties
and, therefore, in absence of the parties, who shall be affected in the
matter of seniority, no relief can be granted is the law of the land
vide Indu Shekhar Singh and others v. State of U.P. and others,
(2006) 8 SCC 129, and Vijay Kumar Kaul and others v. Union of
India and others, reported at (2012) 7 SCC 610).
Supertech Ltd vs Emerald Court Owner Resident Welfare ... on 31 August, 2021
It establishes that
the applicant has made an indirect effort to get the relief, which he is
not entitled to directly and, is thus barred by law that one cannot do
indirectly what one cannot do directly ["Quando aliquid prohibetur
17 O.A.No. 260/00635 of 2021
ex directo, prohibetur et per obliquum"] (Vide Supertech Ltd. Vs.
Emerald Court Owner Resident Welfare Association and Ors,
(2024) 1 SCC (L&S) 819).
P.R. Nayak vs Union Of India And Ors. on 17 January, 1973
(d) The process of selection, in question, was the subject matter
of challenge before this Bench in OA No. 167/2006
3 O.A.No. 260/00635 of 2021
(S.N.Mishra Vs. UOI & Ors) and OA No. 623/2006 (P.R.Nayak
Vs UOI & Ors).
1