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july 2011

Supreme Court of India · 2011-07-20

State Of Uttaranchal & Anr vs Archana Shukla & Ors

Citation / case number
AIR 2011 SUPREME COURT 3162
Court
Supreme Court of India
Petitioner
State Of Uttaranchal & Anr
Respondent
Archana Shukla & Ors
Bench
Markandey Katju, Chandramauli Kr. Prasad

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, not from the initial 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, and clarified that the respondents are not entitled to seniority benefits for the period prior to their regularization. Consequently, the appeal was allowed, and the High Court's judgment was set aside.

State Of Uttaranchal & Anr vs Archana Shukla & Ors · Niyam