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february 2008

Supreme Court of India · 2008-02-22

U.P.AVAS EVAM VIKAS PARISHAD vs RAJENDRA KUMAR AGARWAL .

Citation / case number
SC 2008/3315
Court
Supreme Court of India
Petitioner
U.P.AVAS EVAM VIKAS PARISHAD
Respondent
RAJENDRA KUMAR AGARWAL .
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]. The Court found that the High Court's interim order, which maintained the seniority of petitioners prior to the enforcement of the amended rules, was not warranted as the constitutional validity had already been affirmed. Consequently, the Supreme Court set aside the interim order of the High Court, emphasizing that the grant of interim relief is discretionary and should not automatically follow from previous orders by other benches.

U.P.AVAS EVAM VIKAS PARISHAD vs RAJENDRA KUMAR AGARWAL . · Niyam