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july 1984

Supreme Court of India · 1984-07-18

G.P. DOVAL vs THE CHIEF SEC., STATE OF U.P..

Citation / case number
SC 1983/64978
Court
Supreme Court of India
Petitioner
G.P. DOVAL
Respondent
THE CHIEF SEC., STATE OF U.P..
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court ruled that the fixation of seniority for Khandsari Inspectors must consider past service if the stop-gap arrangement is followed by confirmation, as per Articles 14 and 16 of the Constitution of India. The Court held that the provisional seniority list issued in 1971 violated the fundamental rights of the petitioners, who were appointed earlier but placed lower in seniority despite continuous service. The Court emphasized that the burden of proof lies on the respondents to justify the seniority list and that delay in filing the writ petition does not automatically lead to dismissal.

G.P. DOVAL vs THE CHIEF SEC., STATE OF U.P.. · Niyam