Supreme Court of India · 2011-07-20
State Of Uttaranchal & Anr vs Rajendra Singh Kandwal
- Court
- Supreme Court of India
- Petitioner
- State Of Uttaranchal & Anr
- Respondent
- Rajendra Singh Kandwal
- Bench
- Chandramauli Kr. Prasad, Markandey Katju
Judgment text excerpt
The Supreme Court held that under Rule 7(1) of the Uttaranchal Regularization of Ad Hoc Appointments Rules, 2002, seniority can only be granted from the date of appointment after selection, which in this case was in 2004, and not from the earlier adhoc appointment in 1988. The Court emphasized that the law must prevail over equity, citing Raghunath Rai Bareja & Another vs. Punjab National Bank & Others (2007) 2 SCC 230. Consequently, the appeal was allowed, and the High Court's judgment granting seniority from 1988 was set aside.