S.B. PATWARDHAN & OTHERS ETC. ETC. vs STATE OF MAHARASHTRA & OTHERS

The Supreme Court examined the validity of recruitment rules under Section 241(2)(b) of the Government of India Act, 1935, specifically addressing the seniority of direct recruits versus promotees in the Bombay Service of Engineers. The Court held that seniority for direct recruits appointed on probation should be determined by their appointment date, while promotees' seniority is based on their promotion date, provided there is no service break. The ruling clarified that the quota rule applicable for recruitments must also apply at the time of confirmation in the same cadre, ensuring fairness in seniority determination.