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october 2006

Supreme Court of India · 2006-10-19

SANKAR DEB ACHARYA vs BISWANATH CHAKRABORTY .

Citation / case number
SC 2003/4560
Court
Supreme Court of India
Petitioner
SANKAR DEB ACHARYA
Respondent
BISWANATH CHAKRABORTY .
Author
P.K.BALASUBRAMANYAN H.K.SEMA
Bench
P.K.BALASUBRAMANYAN H.K.SEMA

Judgment text excerpt

The Supreme Court addressed the issue of inter se seniority and promotions 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 seniority should be determined based on merit cum seniority, and not solely on the date of joining. The appeals were allowed, affirming the promotion rights of the appellants who had passed the departmental examination and were confirmed in service prior to the private respondents.

SANKAR DEB ACHARYA vs BISWANATH CHAKRABORTY . · Niyam