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february 1998

Supreme Court of India · 1998-02-04

VIMAL KUMARI vs STATE OF HARYANA

Citation / case number
SC 1994/12391
Court
Supreme Court of India
Petitioner
VIMAL KUMARI
Respondent
STATE OF HARYANA
Author
S.SAGHIR AHMAD
Bench
G.B. PATTANAIK S. SAGHIR AHMAD

Judgment text excerpt

The Supreme Court held that the Draft Rules of 1983, which had not been enforced, could not be relied upon for promotions under Article 309 of the Constitution. The Court emphasized that promotions could be regulated by existing executive instructions, including seniority, in the absence of enforceable rules. The Court overturned the High Court's decision that favored the promotion of respondents 3 and 4, reinstating the appellant's promotion as valid based on seniority and existing practices.

VIMAL KUMARI vs STATE OF HARYANA · Niyam