Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Doctrine of stare decisis Seniority Service Law Dispute between promotees and direct recruits |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Seniority - Cadre of Deputy Superintendent of Police (DSP) -Dispute between promotees and direct recruits- High Court quashed seniority list prepared by the State Government and directed it to prepare fresh seniority list in accordance with the judgment in the case of Paramjit Singh where the Supreme Court had held that rule of quota should apply not only at the time of appointment but at the time of confirmation also and confirmation is to be done on the basis of vacancies - Plea of appellants that the principle laid down in Paramjit Singh case was totally discarded by the subsequent Constitution Bench judgment in the case of S.S. Yadav wherein it was held that the rule of quota applicable at the stage of appointment/ recruitment will have no applicability at the time of confirmation; and that the High Court ought to have followed the judgment in S.S. Yadav case since that judgment was already before it when this case was decided by the High Court- Whereas in Paramjit Singh case, rules pertaining to officers of DSP cadre itself (i.e. the 1959 Rules) were in issue in B.S.Yadav case, some other Rules (i.e. 1963 Rules) came up for interpretation -Approach of the High Court in following the dicta laid down in Paramjit Singh - Justification - Held: Justified, as it pertained to the same Service and same Rules - That is the mandate of Art. 141 of the Constitution - Since B S. Yadav case did not overrule Paramjit Singh case and rather explained and approved that judgment, the High Court had no option but to follow Paramjit Singh case- Constitution of India, 1950-Art.141- Doctrines / Principles- Doctrine of stare decisis - Punjab Police Service Rules, 1959- rr. 3, 4, 6, 8 and 10 - Punjab Judicial Service Rules, 1963. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 371 |
Petitioner | M.s. Sandhu & Anr. Etc. |
Respondent | State Of Punjab & Ors. Etc. |
SCR | [2014] 13 S.C.R. 460 |
Judgement Date | 2014-05-07 |
Case Number | 5397-5406 |
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