Supreme Court of India
Premlata Joshi v. Chief Secretary State of Uttarakhand & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that since the appellant has already retired and the promotion given to her is because of the wrong exercise of the Department in not applying Rules/OM correctly and it was not because of any misrepresentation or suppression by the appellant, no recovery of the excess amount paid to her is called G for.
Judgment, page 15
From the headnote
Service Law: Appointment by promotion - Appointment to post of Director, Medical Health - Held: In the instant case, promotion is on the basis of merit alone, where seniority should play the role only if two candidates are of equal merit and not otherwise - Government Order laid down the criteria of judging the merit 0 and specified the categories as 'excellent', 'good' and 'unsuitable' - DPC committed the mistake by grading the officers in 'very good', 'good' and 'unfit' categories --By eliminating 'excellent' category and replacing it with 'very good' category, private respondent was
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