Supreme Court · 1975 INSC 332 · Decided 19 December 1975

State of Bihar v. Madan Mohan Prasad & ORS.

Court
Supreme Court of India
Citation
1975 INSC 332 · [1976] 3 S.C.R. 110
Case number
CIVIL APPEAL No. 1667/1970
Decided
19 December 1975
Bench
A.N. RAY, M. HAMEEDULLAH BEG, R.S. SARKARIA, P.N. SHINGAL (4-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 309, 226

Headnote

Bihar Superior Judicial Service Rules, 1951-r. 16(e)-"may have beeli allowed to officiate continuously"-Scope and meaning of-Notional officiation -If pennissible. Cons1it11tion of India-Art. 235-Power of detennining seniority of District Judges-If ve.\ts in the High Court. Rule 6 of the Rules, 1951, says that of the posts in the cadre of the service·, two-thirds shall be filled by promotion and one-third by direct recruitment. Clause (e) of r. 16 provides,.- that seniority of direct recruits vis-a-vis promoted officers shall be determined with reference to the dates from

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