Supreme Court of India · 2011-03-16
B. Premanand & Ors vs Mohan Koikal & Ors
- Citation / case number
- AIR 2011 SUPREME COURT 1925
- Court
- Supreme Court of India
- Petitioner
- B. Premanand & Ors
- Respondent
- Mohan Koikal & Ors
- Bench
- Gyan Sudha Misra, Markandey Katju
Judgment text excerpt
The Supreme Court held that Rule 27(c) of the Kerala State and Subordinate Services Rules, 1959 mandates that seniority is determined by the date of first effective advice for appointment. The Court found that the appellants, being Scheduled Caste/Scheduled Tribe candidates, received their first effective advice on 8.7.1992, prior to the respondents, who received theirs on 6.4.1993. The Court overturned the Full Bench's reliance on equity over law, asserting that the law must prevail in cases of conflict, thereby establishing the appellants' seniority over the respondents.