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december 1975

Supreme Court of India · 1975-12-19

STATE OF BIHAR vs MADAN MOHAN PRASAD & ORS.

Citation / case number
SC 1970/60156
Court
Supreme Court of India
Petitioner
STATE OF BIHAR
Respondent
MADAN MOHAN PRASAD & ORS.
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court interpreted Rule 16(e) of the Bihar Superior Judicial Service Rules, 1951, clarifying that 'may have been allowed to officiate continuously' refers to actual and continuous officiation, not a notional one. The Court held that the State Government's attempt to fix seniority based on a deemed officiation was impermissible, as it would lead to anomalous results. Consequently, the appeal was dismissed, affirming the High Court's ruling that actual officiation is required for seniority determination under the Rules.

STATE OF BIHAR vs MADAN MOHAN PRASAD & ORS. · Niyam