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july 2009

Supreme Court of India · 2009-07-16

Ghulam Rasool Lone vs State Of J & K & Ors

Citation / case number
2009 AIR SCW 5260
Court
Supreme Court of India
Petitioner
Ghulam Rasool Lone
Respondent
State Of J & K & Ors
Author
S.B. Sinha
Bench
Deepak Verma, S.B. Sinha

Judgment text excerpt

The Supreme Court held that the Division Bench of the High Court erred in denying the petitioner relief based on delay, emphasizing that the equal protection clause under Articles 14 and 16 of the Constitution mandates equal treatment of employees. The Court found that the promotion of Hamiddulah Dar was illegal due to non-compliance with recruitment rules, and thus, the petitioner could not claim a similar promotion based on another's success. The Court declined to interfere with the High Court's judgment, affirming the principle that equality must be enforced legally, not through illegal means.

Ghulam Rasool Lone vs State Of J & K & Ors · Niyam