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march 1982

Supreme Court of India · 1982-03-05

WING COMMANDER J. KUMAR vs UNION OF INDIA AND OTHERS

Citation / case number
SC 1980/63298
Court
Supreme Court of India
Petitioner
WING COMMANDER J. KUMAR
Respondent
UNION OF INDIA AND OTHERS
Author
V. BALAKRISHNA ERADI
Bench
V. BALAKRISHNA ERADI

Judgment text excerpt

The Supreme Court examined the validity of Rule 16 regarding seniority after permanent secondment in the Defence Research and Development Organisation (DRDO), as per Article 309 of the Constitution. The Court held that the rule, which bases seniority on the substantive rank of officers at the time of secondment, does not violate Articles 14 and 16, as it establishes a reasonable principle for determining inter-se seniority. The Court dismissed the appellant's writ petition, affirming that the rule's application does not retroactively affect rights acquired prior to its promulgation.

WING COMMANDER J. KUMAR vs UNION OF INDIA AND OTHERS · Niyam