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august 1995

Supreme Court of India · 1995-08-24

KULDIP CHAND vs UNION OF INDIA .

Citation / case number
SC 1991/78179
Court
Supreme Court of India
Petitioner
KULDIP CHAND
Respondent
UNION OF INDIA .
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that Ashok Kumar, who had been working as a clerk since November 29, 1976, was entitled to be considered for promotion to the post of accountant over the appellant, Kuldip Chand, who was appointed as a clerk later. The Court found that the preparation of the seniority list was illegal and that the delay in challenging it did not affect Ashok Kumar's legitimate right to promotion. The Court upheld the High Court's decision to direct the Union of India to consider Ashok Kumar's claim for promotion, thereby affirming the principle that seniority must be determined based on actual service in the relevant post.

KULDIP CHAND vs UNION OF INDIA . · Niyam