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august 2015

Supreme Court of India · 2015-08-27

S.Panneer Selvam & Ors vs Govt.Of T.Nadu & Ors

Court
Supreme Court of India
Petitioner
S.Panneer Selvam & Ors
Respondent
Govt.Of T.Nadu & Ors
Author
R. Banumathi
Bench
R. Banumathi, T.S. Thakur

Judgment text excerpt

The Supreme Court addressed the interpretation of Article 16(4A) of the Constitution of India regarding the seniority of reserved category candidates promoted earlier than their senior general category counterparts. The Court held that in the absence of a state policy or rules, the Division Bench's conclusion that Article 16(4A) grants consequential seniority in addition to accelerated promotion is incorrect. The judgment of the Madras High Court was set aside, reaffirming that the 'catch-up rule' applies among Assistant Divisional Engineers appointed from Junior Engineers, thereby ensuring that seniority is determined by the order of promotion rather than reservation alone.

S.Panneer Selvam & Ors vs Govt.Of T.Nadu & Ors · Niyam