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july 2011

Supreme Court of India · 2011-07-20

STATE OF UTTARANCHAL vs ARCHANA SHUKLA & ORS.

Citation / case number
SC 2006/14864
Court
Supreme Court of India
Petitioner
STATE OF UTTARANCHAL
Respondent
ARCHANA SHUKLA & ORS.
Author
CHANDRAMAULI KR. PRASAD MARKANDEY KATJU
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 date of 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 was set aside.

STATE OF UTTARANCHAL vs ARCHANA SHUKLA & ORS. · Niyam