Supreme Court · 2012 INSC 189 · Decided 27 April 2012
U.P. Power Corporation LTD. v. Rajesh Kumar & ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 189 · [2012] 4 S.C.R. 118
- Case number
- CIVIL APPEAL No. 2608/2011
- Decided
- 27 April 2012
- Bench
- DALVEER BHANDARI, DIPAK MISRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 16(4A), 16(4B)
Headnote
Constitution of India, 1950: c Arts. 16(1), 16(4), 16(4A) and 16(48) - Reservation in promotion - Consequential/Accelerated seniority- Principles emerging from M. Nagraj - Culled out - Held: Articles 16(4A) and 16(48) are enabling provisions and the State can make the provisions for the same on - 0 In the instant case, the conditions precedent have not been satisfied - No exercise as per decision in M. Naqraj has been undertaken - Therefore, s.3(7) of the 1994 Act and r.8-A of the Rules are ultra vires as they run counter to the dictum in M. Nagraj - Uttar Pradesh Public Servants
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