Supreme Court · 2011 INSC 509 · Decided 20 July 2011
State of Uttarakhand & ANR. v. Archanan Shukla & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 509 · [2011] 15 S.C.R. 615
- Case number
- CIVIL APPEAL No. 5130/2009
- Decided
- 20 July 2011
- Bench
- MARKANDEY KATJU, C.K. PRASAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
SERVICE LAW: Seniority - Employees appointed on ad hoc basis in 1988 - Their services regularised in 2004 - Claim for benefit A B c of service from 1988 to 2004 for the purpose of seniority - Held: Admittedly, the employees were appointed after - selection under the Regularization Rules - Therefore, they can get seniority only from the year 2004 and D not from 1988 - The rule is clear - When there is a conflict between Jaw and equity, it is the law which has to prevail in accordance with the maxim, 'dura lex sed Jex'. which means , 'the law is hard but is the law' - Equity can
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