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december 1987

Supreme Court of India · 1987-12-08

G.C. GUPTA & ORS. vs N K. PANDEY & ORS.

Citation / case number
SC 1981/63626
Court
Supreme Court of India
Petitioner
G.C. GUPTA & ORS.
Respondent
N K. PANDEY & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court ruled that under the United Provinces Service of Engineers (Buildings and Roads Branch) Class II Rules, 1936, seniority is determined from the date an employee becomes a 'member of service'. The Court held that the principle established by the State Government regarding seniority for those appointed to guaranteed posts must be adhered to, and that a Division Bench's decision barring relief due to inordinate delay cannot be reversed by another Division Bench treating the matter as res integra. The Court emphasized the doctrine of stare decisis in service matters, affirming the importance of established legal principles.

G.C. GUPTA & ORS. vs N K. PANDEY & ORS. · Niyam