Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Article 136 of Constitution of India Service Law Senior Judicial Assistants Junior Translators |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law:Promotion - Amendment of Service Rules in the year 1988 providing 100% promotion to the post of 'Senior Judicial Assistants' (SJA) from the posts of Treasures/UDCs - Challenged by 'Junior Translators' in writ petition on the ground that the amendment affected their promotional avenues - Disposal of the writ petition by order dated o 16. 10. 1998 holding that the amendment was void offending Arts. 14 and 16 of the Constitution - another writ petition by the Junior Translators seeking due implementation of the judgment dated 16. 10. 1998 and as regards their seniority arid promotion - High Court by order dated 23.10.2009 directed a limited review of the promotions only in respect of the Junior Translators who had moved the court in view of delay in implementing the order dated 16. 10. 1998-Affected by implementation of the order dated 23. 10. 1998 writ petition by the appellants on the ground that they since did not belong to the category of SJA, their promotion and seniority not to be unsettled- High Court by order dated 1.6.2012 directed that promotions of Junior Translators to be made on the basis of the result of their written test and interview and further held that this direction also carries the potential of causing disequilibrium among the incumbents in service - On appeal, held: The judgments dated 23.10.2009 as well as 1.6.2012 strike a balance between compulsion of law and equity by attempting to balance the legal rights of Junior Translators flowing from the judgment dated 16.10.1998 and equitable considerations of the appellants - An adverse impact on equitable rights occasioned by milder version of implementation of judicial orders that have attained finality in law cannot invite jurisdiction u/Art. 136 of the Constitution - Constitution of lndia -Art. 136. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2015 INSC 63 |
Petitioner | K.k.sharma |
Respondent | High Court Of Delhi And Ors. |
SCR | [2014] 14 S.C.R. 944 |
Judgement Date | 2014-12-15 |
Case Number | 5838 |
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