D.K. MITRA vs UNION OF INDIA .

The Supreme Court examined the validity of the combined seniority list of Divisional Medical Superintendents in the Indian Railway Medical Service, addressing the principles of promotion under the Indian Railway Medical Service (District Medical Officers) Recruitment Rules 1965 and subsequent rules. The Court held that the principle of 'non-selection' equates to 'seniority-cum-suitability', and that all posts should be regarded as permanent, allowing substantive appointees to be senior to those in officiating capacity. The Court emphasized the importance of maintaining quotas for direct recruitment and the implications of confirmation dates on seniority.