aforesaid memorandum.
4. Pursuant to the judgment of Supreme Court in SI
Rooplal‟s case (supra), Department of Personnel and Training,
Government of India, issued ... violates the
dictum of law laid down by Supreme Court in SI Rooplal‟s case
(Supra) as also the instructions contained in the Office
Memorandum
later'. In the decision reported as (2000) 1 SCC 644 SI
Rooplal v. Lt.Governor, Supreme Court quashed the expression „whichever
is later‟ holding ... Indu Shekhar Singh v. State of UP.
10. SI Rooplal‟s case (supra), para 23, would bring out that the Supreme
Court was dealing with
referred to judgment of the
Hon'ble Supreme Court in SI Rooplal & another v Lt. Governor
through Chief Secretary, Delhi & others ... case (supra),
as also by the Apex Court in SI Rooplal (supra).
O.A. No.3314, 3849/2012
12
11. Respondents
basis. The expression “whichever is later”
was, however, struck down in SI Rooplal & Anr. Vs. Lt. Governor
through Chief Secretary, Delhi ... 20020/7/80-Estt.(D) dated 29.5.1986, judgment in SI Rooplal
case (supra) and the modified OM dated 27.3.2001 to come to the
conclusion that
order was challenged before the Supreme Court in the case
of SI Rooplal (supra). The Supreme Court reversed and overturned
the decision of the Tribunal ... paragraph. After examination of the
case law, the Supreme Court in SI Rooplal's case gave an affirmative
finding that the post
Page 15 of 50
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20:04:16
a. SI Rooplal v Lt. Governor through Chief Secretary,
Delhi12(para 23).
b. K. Madhavan
basis. The expression “whichever is later”
was, however, struck down in SI Rooplal & Anr. Vs. Lt. Governor
through Chief Secretary, Delhi ... 20020/7/80-Estt.(D) dated 29.5.1986, judgment in SI Rooplal
case (supra) and the modified OM dated 27.3.2001 to come to the
conclusion that
light of the decision of the Apex Court in SI Rooplal and Ors. v. Lt. Governor through Chief Secretary, Delhi and Ors. wherein ... light of the decision of the Apex Court in SI Rooplal ' case (supra) would be prejudicial to the applicant.
6. In this view
seniority of a transferee in accordance with the principle in SI Rooplal 's case (supra) would not affect any regular promotion and past seniority
date of absorption. In the interregnum, following the judgment of SI Rooplal, without seeking leave of the Tribunal, amended petition was filed praying that said ... only.
13. Ms. Avnish Ahlawat attempted to distinguish the present case from SI Roop Lal's case. She submits that in the present case
