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july 2007

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.

Asis Kumar Samanta & Ors vs State Of West Bengal & Ors · Niyam