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february 2008

Supreme Court of India · 2008-02-22

U.P. Avas Evam Vikas Parishad & Anr vs Rajendra Kumar Aggarwal & Ors

Court
Supreme Court of India
Petitioner
U.P. Avas Evam Vikas Parishad & Anr
Respondent
Rajendra Kumar Aggarwal & Ors
Bench
Tarun Chatterjee, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the constitutional validity of Article 16(4-A) of the Constitution of India and Rule 8(A) of the UP Government Servants Seniority (Third Amendment) Rules 2007 has been upheld in M. Nagaraj Vs. Union of India [(2006) 8 SCC 212], and thus the High Court's interim order to maintain the existing seniority of petitioners was not warranted. The Court emphasized that the grant of interim orders is discretionary and should not contradict established legal principles. Consequently, the appeal was allowed, and the interim order of the High Court was set aside.

U.P. Avas Evam Vikas Parishad & Anr vs Rajendra Kumar Aggarwal & Ors · Niyam