A.N. PATHAK AND 5 OTHERS vs SECRETARY TO THE GOVERNMENT, MINISTRY OFDEFENCE AND ANOTHER

The Supreme Court held that the Defence Production (Directorate of Production and Inspection, Naval) Group A and Group B Technical Post Recruitment Rules, 1976, violate the rights of promotees by not considering their seniority based on length of service. The Court found that the rules allow direct recruits to be placed above promotees, causing undue hardship. Consequently, the Court quashed the seniority lists dated 25.7.77, 3.9.77, and 7.9.77, directing the authorities to prepare a new list that reflects the rightful positions of the promotees.