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november 2017

Supreme Court of India · 2017-11-22

V. LAKSHMIKANTHAN AND ANR. ETC. vs UNION OF INDIA AND ORS. ETC.

Citation / case number
SC 2010/13089
Court
Supreme Court of India
Petitioner
V. LAKSHMIKANTHAN AND ANR. ETC.
Respondent
UNION OF INDIA AND ORS. ETC.
Author
HON'BLE MR. JUSTICE KURIAN JOSEPH
Bench
HON'BLE MR. JUSTICE AMITAVA ROY HON'BLE MR. JUSTICE KURIAN JOSEPH

Judgment text excerpt

The Supreme Court reiterated the principles established in R.K. Sabharwal v. State of Punjab, (1995) 2 SCC 745, regarding the post-based roster system for promotions, emphasizing that the percentage of reservation must be calculated based on the total number of posts in a cadre, not on vacancies. The Court clarified that once the reserved posts are filled, the roster should not be applied further, except as specified in the Sabharwal judgment. The ruling also confirmed that seniority among promoted candidates must respect the original seniority in the lower grade, regardless of the order of promotion under the reservation system.

V. LAKSHMIKANTHAN AND ANR. ETC. vs UNION OF INDIA AND ORS. ETC. · Niyam