Supreme Court of India
Viman Vaman Awale v. Gangadhar Makhriya Charitable Trust &ors
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What the Court ordered
We are of the opinion that if at the time of consideration for promotion the candidates concerned have acquired the eligibility, then unless the rule specifically gives an advantage to a candidate with earlier eligibility, the date of seniority should prevail over the date of eligibility.
Judgment, page 21
From the headnote
The note in column 11 is only for purposes of giving eligibility to the erstwhile Assistants working as Superintendents Grade II for purposes of being considered for promotion to the post of Superintendent Grade I and not for Civil Appeal No. of 2014 Page 22 of 24 (arising out of SLP ( ) No. 29696 of 2013) Page 23 JUDGMENT the purpose of seniority at all. (Emphasis supplied)” 22) That apart, we find that in the case at hand there is a specific Rule, namely, Rule 12 of the Rules, which deals with seniority.
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