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october 2005

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.

D. Ganesh Rao Patnaik And Others vs State Of Jharkhand And Others · Niyam