Supreme Court of India

Prabhjot Singh Mand & Ors. v. Bhagwant Singh & Ors.

Neutral citation
Reported as [2009] 12 S.C.R. 143
Bench S.B. Sinha and Cyriac Joseph JJ.
Decided 29 July 2009

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What the Court ordered

We hold: 1. that the action of the State is contrary to the 1976 Rules; 2. the seniority under the 1976 Rules must be based on a collective interpretation of Rule 18 and Rule 21 of the 1976 Rules; 3. the action of the authorities is negation of Rule 18 of the 1976 Rules in determining the seniority by the F impugned order.

Judgment, page 11

From the headnote

Service Law: Punjab Civil Services (Executive Branch) Rules, 1976 c Rules 18, 21 - lnter-se seniority between direct recruits and promotees - In first round of litigation, direct recruits held to be entitled to be promoted to /AS, by Supreme Court - UPSC recommending appointment of direct recruit and reversion of promotee's wrongly appointed- Promotees application before 0 Central Administrative Tribunal - Interim relief denied - In writ petition High Court staying the reversion of promotee, _though no such relief sought for - On appeal, held: Order of stay of reversion vacated - Direct

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