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.