Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law Reservation in promotion — Review petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Review Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service law; Reservation in promotion — Review petitions - Supreme Court held in the judgement under review in paragraph 34 that there is no reservation in promotion by selection within Group- A posts which carry an ultimate salary of Rs.5700 per month and it is only concession that applies — However, in the very next line it observed that reservation is provided in promotion by selection qua those posts which carry an ultimate salary of less than Rs.5700 per month — It is clearly an error on the face of the record in as much as no such consequence follows — In fact, this is directly in conflict. with not only the earlier portion of paragraph 34 but the entire conclusion on the issue on which there is detailed discussion from paragraph 26 to 32 and even in earlier paragraph of the judgement — It is this error, which is apparent on the face of the record, viz. the reservation is provided in promotion by selection in respect of posts carrying salary of less than Rs.5,700 per month, that has led to further error that such reservation in the matter of promotion is applicable from Scale I upward up to Scale VI — Review petitions allowed by deleting paragraphs 33 to 36 of the judgment and directions contained therein as well as directions continued in paragraph 37 and fresh paragraph 33 inserted — Review — Supreme Court Rules, 2013 -— Or. XLVI Rule (1) - Code of Civil Procedure, 1908 — Or. XLVII Rule (1). |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2016 INSC 32 |
Petitioner | Chairman & Managing Director Central Bank Of India & Ors. |
Respondent | Central Bank Of India Sc/st Employees Welfare Association & Ors. |
SCR | [2016] 1 S.C.R. 540 |
Judgement Date | 2016-01-08 |
Case Number | 891 |
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