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march 1964

Supreme Court of India · 1964-03-25

STATE OF MYSORE vs M.H.BELLARY

Citation / case number
SC 1963/65
Court
Supreme Court of India
Petitioner
STATE OF MYSORE
Respondent
M.H.BELLARY
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that a government servant on deputation retains the right to be restored to his original position in the parent department upon reversion, as per Rule 50(b) of the Bombay Civil Service Rules. The Court emphasized that promotions based on seniority-cum-merit must be honored, and a breach of statutory rules under Article 309 gives rise to a cause of action. The appeal was dismissed, affirming the High Court's decision that the respondent was entitled to the relief claimed.

STATE OF MYSORE vs M.H.BELLARY · Niyam