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july 2009

Supreme Court of India · 2009-07-07

Radha Mohan Malakar & Ors vs Usha Ranjan Bhattacharjee & Ors

Court
Supreme Court of India
Petitioner
Radha Mohan Malakar & Ors
Respondent
Usha Ranjan Bhattacharjee & Ors
Author
Markandey Katju
Bench
Markandey Katju, R. V. Raveendran

Judgment text excerpt

The Supreme Court addressed the issue of seniority between direct recruits and promotees in the Tripura Civil Service under Rule 28 of the Tripura Civil Service Rules, 1967. The Court reaffirmed that the relative seniority must adhere to the quota rules established for direct recruitment and promotion, emphasizing that deviations from these rules are impermissible. The Court held that the notification dated 25.5.1981, which sought to alter the established principles of seniority, was quashed, thereby upholding the principle that direct recruits must be appointed within their quota without being displaced by promotees.

Radha Mohan Malakar & Ors vs Usha Ranjan Bhattacharjee & Ors · Niyam