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.