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july 2009

Supreme Court of India · 2009-07-13

Ramdan Charan vs Rajasthan High Court Jodhpur

Citation / case number
AIRONLINE 2009 SC 268
Court
Supreme Court of India
Petitioner
Ramdan Charan
Respondent
Rajasthan High Court Jodhpur
Author
Chief Justice
Bench
J.M. Panchal, P. Sathasivam, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court held that the termination of the appellant, a Class-IV employee who was promoted to Lower Division Clerk (L.D.C.) on the condition of passing a test, was improper as he should have been reverted to his original position rather than terminated. The Court emphasized that the promotion was conditional and failing the test does not equate to losing employment altogether. The Court directed the High Court of Rajasthan to reinstate the appellant as a Class-IV employee without any arrears of salary for the period he was out of service.

Ramdan Charan vs Rajasthan High Court Jodhpur · Niyam