Supreme Court of India · 2007-07-12
ASIS KUMAR SAMANTA vs STATE OF WEST BENGAL .
- Citation / case number
- SC 1999/11421
- Court
- Supreme Court of India
- Petitioner
- ASIS KUMAR SAMANTA
- Respondent
- STATE OF WEST BENGAL .
- Author
- R.M. LODHA
- Bench
- DALVEER BHANDARI A.K.MATHUR
Judgment text excerpt
The Supreme Court held that the appointments made in 1982 were not in accordance with Rule 4(1) of the Sikkim State Civil Service Rules, which mandates recruitment through competitive examinations or selection from serving personnel. The Court emphasized that the absence of a Public Service Commission led to an unjust situation where candidates were subjected to tests that were not warranted. The Court directed that the new recruits be treated as having been appointed on the same date as the appellants to rectify the injustice caused by the State's failure to follow its own rules, thereby upholding the respondents' claims.