Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Statement Made by Counsel Reservation in Promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | SERVICE LAW:ReseNation in promotion - Consequential seniority -Compliance of direction in M. Nagaraj's case - State ofHimachal Pradesh issuing circulars dated 7.9.2007 and23.1.2010- Plea of State Government to await the finalizationof 117th Constitution Amendment - Held: The material onrecord indicates the intention of the State not to comply withthe earlier decision to implement the policy of reseNation inpromotions and the grant of consequential seniority - StateGovernment, directed to take a final decision on the issue -The proposed 117th Constitutional Amendment would notadversely affect the merits of the claim of petitioner, for grantof promotion with consequential seniority.Practice and Procedure:Statement made by counsel before Court - Disposal ofcase accordingly - Held: When a statement is made beforethe court it is, as a matter of course, assumed that it is madesincerely and is not an effort to over-reach the court - Thestatement by the counsel is not expected to be flippant,mischievous, misleading and certainly not false - Thisconfidence in statements made by the counsel is founded on the assumption that the counsel is aware that he is an officer of the court. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2013 INSC 618 |
Petitioner | H. P. Scheduled Tribes Employees Federation & Anr. |
Respondent | Himachal Pradesh S. V. K. K. & Ors. |
SCR | [2013] 9 S.C.R. 384 |
Judgement Date | 2013-09-13 |
Case Number | 30143 |
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