Supreme Court of India · 2011-03-16
B. PREMANAND vs MOHAN KOIKAL .
- Citation / case number
- SC 2006/21524
- Court
- Supreme Court of India
- Petitioner
- B. PREMANAND
- Respondent
- MOHAN KOIKAL .
- Author
- MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
- Bench
- MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Judgment text excerpt
The Supreme Court ruled 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 from the Public Service Commission. The Court found that the appellants, having received their advice on 8.7.1992, were senior to the respondents, who received their advice on 6.4.1993. The Court held that the previous judgments of the Full Bench and Single Judge, which prioritized equity over law, were incorrect, and thus reversed the decision in favor of the appellants.