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february 1998

Supreme Court of India · 1998-02-11

ABRAHAM JACOB & ORS vs UNION OF INDIA

Citation / case number
SC 1996/80570
Court
Supreme Court of India
Petitioner
ABRAHAM JACOB & ORS
Respondent
UNION OF INDIA
Author
G.B.PATTANAIK
Bench
G.B. PATTANAIK S. SAGHIR AHMAD

Judgment text excerpt

The Supreme Court upheld the Central Administrative Tribunal's decision to quash the seniority list of Assistant Engineers, emphasizing that the seniority should be determined without applying any quota/rota rule for the period prior to 9.9.1976. The Court noted that the recruitment process was governed by an administrative decision before the statutory rules were established under Article 309 of the Constitution. The Court held that the promotees' continuous service should not be the sole basis for seniority, and the Tribunal's ruling was justified as the direct recruits were not parties in the original proceedings.

ABRAHAM JACOB & ORS vs UNION OF INDIA · Niyam