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september 2014

Supreme Court of India · 2014-09-04

Asis Kumar Samanta And Ors vs State Of West Bengal And Ors

Citation / case number
AIRONLINE 2014 SC 95
Court
Supreme Court of India
Petitioner
Asis Kumar Samanta And Ors
Respondent
State Of West Bengal And Ors
Author
R.M. Lodha
Bench
Rohinton Fali Nariman, Kurian Joseph, R.M. Lodha

Judgment text excerpt

The Supreme Court reiterated the principles established in U.D. Lama and Ors. Vs. State of Sikkim, emphasizing that appointments to the State Civil Service must adhere to Rule 4(1) of the Sikkim State Civil Service Rules, which mandates recruitment through competitive examinations or selection from existing government employees. The Court held that the failure of the State Government to establish a Public Service Commission led to unjust recruitment practices, and thus, the new recruits should be treated as having been appointed on the same date as the appellants to rectify the injustice caused. The judgment underscores the necessity of following statutory recruitment procedures to ensure fairness and equity in public service appointments.

Asis Kumar Samanta And Ors vs State Of West Bengal And Ors · Niyam