Supreme Court of India · 2007-07-12
Asis Kumar Samanta & Ors vs State Of West Bengal & Ors
- Court
- Supreme Court of India
- Petitioner
- Asis Kumar Samanta & Ors
- Respondent
- State Of West Bengal & Ors
- Author
- A.K. Mathur
- Bench
- A.K.Mathur, Dalveer Bhandari
Judgment text excerpt
The Supreme Court addressed the issue of retrospective seniority in the context of promotions within the State Forest Service, as governed by Rule 6(2) of the West Bengal Service (Determination of Service) Rules, 1981. The Court held that while some precedents support the grant of retrospective seniority to promotees, it also recognized conflicting judgments that deem such practices ultra vires. Ultimately, the Court upheld the decision of the West Bengal State Administrative Tribunal, affirming the retrospective seniority granted to promotees over direct recruits, thereby dismissing the appeal of the direct recruits.