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october 2006

Supreme Court of India · 2006-10-19

Sankar Deb Acharya & Ors vs Biswanath Chakraborty & Ors

Court
Supreme Court of India
Petitioner
Sankar Deb Acharya & Ors
Respondent
Biswanath Chakraborty & Ors
Author
H.K.Sema
Bench
H.K.Sema, P.K.Balasubramanyan

Judgment text excerpt

The Supreme Court addressed the issue of seniority and promotion under the West Bengal Services (Training & Examination) Rules, 1953, the West Bengal Services (Revision of Pay and Allowances) Rules, 1970, and the West Bengal Services (Appointment, Probation & Confirmation) Rules, 1979. The Court held that the criteria for promotion should be merit cum seniority, and that mere earlier joining does not automatically confer seniority if the appellants were confirmed in service prior to the private respondents. The appeals were allowed, affirming the appellants' seniority based on their confirmation dates.

Sankar Deb Acharya & Ors vs Biswanath Chakraborty & Ors · Niyam