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july 2011

Supreme Court of India · 2011-07-20

STATE OF UTTARANCHAL vs RAJENDRA SINGH KANDWAL

Citation / case number
SC 2006/14495
Court
Supreme Court of India
Petitioner
STATE OF UTTARANCHAL
Respondent
RAJENDRA SINGH KANDWAL
Author
MARKANDEY KATJU,CHANDRAMAULI KR. PRASAD, , ,
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 for the respondents was in 2004, not from their initial appointment in 1988. The Court emphasized that the law must prevail over equity, citing Raghunath Rai Bareja & Another vs. Punjab National Bank (2007) 2 SCC 230. Consequently, the appeal was allowed, and the High Court's judgment granting seniority from 1988 was set aside.

STATE OF UTTARANCHAL vs RAJENDRA SINGH KANDWAL · Niyam