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november 1967

Supreme Court of India · 1967-11-09

UNION OF INDIA & ANR. vs P.K. ROY & ORS.

Citation / case number
SC 1966/60093
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ANR.
Respondent
P.K. ROY & ORS.
Author
WANCHOO, K.N. (),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.
Bench
WANCHOO, K.N. (CJ),BACHAWAT, R.S.,RAMASWAMI, V.,MITTER, G.K.,HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that Section 115(5) of the States Reorganisation Act, 1956, empowers the Central Government to fix the seniority of officers in reorganised States, and the integration of services must adhere to the principles laid down by the Central Government. The Court found that the State Government's preparation of the gradation list was not in accordance with these principles, leading to an improper delegation of authority. Consequently, the final gradation list was declared illegal and ultra vires, resulting in the respondents' favor in their challenge against the list.

UNION OF INDIA & ANR. vs P.K. ROY & ORS. · Niyam