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october 1974

Supreme Court of India · 1974-10-31

JOGINDER NATH AND ORS. vs UNION OF INDIA AND ORS.

Citation / case number
SC 1973/60259
Court
Supreme Court of India
Petitioner
JOGINDER NATH AND ORS.
Respondent
UNION OF INDIA AND ORS.
Bench
UNTWALIA, N.L.

Judgment text excerpt

The Supreme Court addressed the issue of seniority among judicial officers under the Delhi Higher Judicial Service Rules, 1970 and the Delhi Judicial Service Rules, 1970, interpreting Article 309 of the Constitution. The Court held that treating unequals as equals violates the principle of equality under Article 14, and that seniority must be determined based on the length of service in the respective cadre. The Court ruled that the petitioners, despite being promoted later, should not be ranked junior to the respondents who were promoted earlier but had lesser service in the relevant cadre.

JOGINDER NATH AND ORS. vs UNION OF INDIA AND ORS. · Niyam