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.