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.