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may 1990

Supreme Court of India · 1990-05-02

DIRECT RECRUIT CLASS II ENGINEERING OFFICERS vs STATE OF MAHARASHTRA AND ORS.

Citation / case number
SC 1986/69669
Court
Supreme Court of India
Petitioner
DIRECT RECRUIT CLASS II ENGINEERING OFFICERS
Respondent
STATE OF MAHARASHTRA AND ORS.
Author
MUKHARJI, SABYASACHI (),SHARMA, L.M. ,PANDIAN, S.R. ,SAWANT, P.B.,RAMASWAMY, K.
Bench
MUKHARJI, SABYASACHI (CJ),SHARMA, L.M. ,PANDIAN, S.R. ,SAWANT, P.B.,RAMASWAMY, K.

Judgment text excerpt

The Supreme Court examined the validity of seniority rules for engineers in Maharashtra under Articles 14 and 16 of the Constitution, determining that seniority should be based on the date of appointment rather than confirmation. The Court held that ad-hoc appointments cannot be considered for seniority and that executive instructions can prescribe quota rules, which must be strictly adhered to. The applicability of res judicata under Section 11 of the Civil Procedure Code was also discussed, affirming its relevance in writ cases.

DIRECT RECRUIT CLASS II ENGINEERING OFFICERS vs STATE OF MAHARASHTRA AND ORS. · Niyam