Supreme Court · 1980 INSC 155 · Decided 19 August 1980

Baleshwar Dass & ORS. Etc v. State of U. P. & ORS. ETC.

Court
Supreme Court of India
Citation
1980 INSC 155 · [1981] 1 S.C.R. 449
Case number
CIVIL APPEAL No. 1317/1976
Decided
19 August 1980
Bench
V.R. KRISHNA IYER, R.S. PATHAK (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Constitution Article 32

Headnote

Service matter-Duly qualified persons appointed as Assistant Engineers in temporary posts-Officiating service-Whether could count for seniority-Senio­ rity, how counted-Appointment in a substantive capacity, whether should be to a permanent post-Substantive capacity-Meaning of. Under rule 3(b) Rules a member of the service means a government servant appointed in a substantive capacity under the provisions of the rules to a post in the cadre of the service. Rule 4 empowers the State Goyernment to in­ crease the cadre by creating permanent or temporary posts from time to time

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