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december 1967

Supreme Court of India · 1967-12-14

ANAND PARKASH SAKSENA vs UNION OF INDIA & ORS.

Citation / case number
SC 1967/88
Court
Supreme Court of India
Petitioner
ANAND PARKASH SAKSENA
Respondent
UNION OF INDIA & ORS.
Author
WANCHOO, K.N. (),BACHAWAT, R.S.,SHELATM.,MITTER, G.K.,VAIDYIALINGAM, C.A.
Bench
WANCHOO, K.N. (CJ),BACHAWAT, R.S.,SHELAT, J.M.,MITTER, G.K.,VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court examined the constitution and governance of the Madhya Bharat Cadre of the Indian Administrative Service under the I.A.S. Extension to States Scheme and related rules. It held that the appointment of non-cadre officers to senior posts is permissible under Rule 9(1) of the I.A.S. Recruitment Rules, provided suitable cadre officers are unavailable. The Court affirmed that the seniority of promotees from the State Civil Service must be determined based on the year of allotment of the junior-most direct recruit officiating in a senior post, thereby upholding the validity of the seniority regulations under Articles 14 and 16 of the Constitution of India.

ANAND PARKASH SAKSENA vs UNION OF INDIA & ORS. · Niyam