Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1977

Supreme Court of India · 1977-04-20

N.S. MEHTA & ORS. vs UNION OF INDIA & ORS.

Citation / case number
SC 1972/60280
Court
Supreme Court of India
Petitioner
N.S. MEHTA & ORS.
Respondent
UNION OF INDIA & ORS.
Author
M. HAMEEDULLAH () BEG
Bench
M. HAMEEDULLAH (CJ) BEG

Judgment text excerpt

The Supreme Court held that the principle of seniority as per the Ministry of Home Affairs' O.M. dated 22-6-1949 is directory and not absolute, allowing for exceptions based on qualifications such as passing a typewriting test. The Court dismissed the petitioners' claims that their seniority should date back to their promotion as Upper Division Clerks, affirming that the differentiation made by the Central Secretariat Clerical Service Rules, 1962, did not violate Articles 14 and 16 of the Constitution. The Court concluded that the petitioners' challenge to the promotion list was without merit due to their failure to pass the requisite test and the delay in filing the petition under Article 32.

N.S. MEHTA & ORS. vs UNION OF INDIA & ORS. · Niyam