Supreme Court · 2008 INSC 627 · Decided 9 May 2008

P.S. Gopinathan v. State of Kerala & ORS.

Court
Supreme Court of India
Citation
2008 INSC 627 · [2008] 8 S.C.R. 65
Case number
CIVIL APPEAL No. 3477/2008
Decided
9 May 2008
Bench
S.B. SINHA, P.P. NAOLEKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 136

Headnote

.... Service Law: lnter-se seniority betWeen promotees and direct recruits c - Appointment in Higher Judicial Service by promotion as per old rules - Change of rules ·with retrospective effect - Hence the appointment by promotion .(reated as temporary - In the . . meantime appointment by promotee as per ffle changed rules - Promotee treated on regular post from the date of second appointment D - In the fresh panel for appointment, promotee placed below the direct recruits - Direct recruits given super~time scale in preference to the promotee - Writ petition by the promotee on the

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