Supreme Court · 2011 INSC 559 · Decided 9 August 2011
D.P. Das v. Union of India and ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 559 · [2011] 13 S.C.R. 739
- Case number
- CIVIL APPEAL No. 7002/2004
- Decided
- 9 August 2011
- Bench
- G.S. SINGHVI, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 14, 16
Headnote
Service Law - Seniority - lnter-se seniority of direct recruits - Determination of - Held: Seniority is an incidence A B of service and where the service rules prescribe the method c of its computation, it is squarely governed by such rules - In absence of a rule governing seniority, an executive gap - Only in the absence of a rule or executive instructions, the court may have to evolve a fair and just principle of seniority, which could be applied in D the facts and circumstances of the case - In the instant case, no record has been brought before the Court to ascertain merit wise
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