Supreme Court of India · 2005-10-06
D. Ganesh Rao Patnaik And Others vs State Of Jharkhand And Others
- Citation / case number
- AIR 2005 SUPREME COURT 4321
- Court
- Supreme Court of India
- Petitioner
- D. Ganesh Rao Patnaik And Others
- Respondent
- State Of Jharkhand And Others
- Author
- G.P. Mathur
- Bench
- R.C. Lahoti, G.P. Mathur, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court addressed the issue of seniority between direct recruits and promotees in the Bihar Superior Judicial Service under the Bihar Superior Judicial Service Rules, 1946. The Court emphasized the constitutional mandate of Article 233, which requires that one-third of the posts be filled by direct recruitment from the Bar, and upheld the precedent set in K.P. Verma vs. State of Bihar, ensuring that vacancies for direct recruits should not be filled by promotees. The Court ruled in favor of the appellants, affirming their seniority as direct recruits over the promotees.