Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Promotion - Names of respondents |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Promotion - Names of respondents ·ecommended for.promotion along with other functional managers - Bifurcation of State - Services qf respondents C allocated to State of Jharkhand - Others whose names recommended for promotions and allocated to State of Bihar promoted - However respondents not promoted on the ground /that recommendations of DPC of State of Bihar not binding / on State of Jharkhand and vacancy for promotion also did not D · exist - Held: If there is no vacant post for the appointment of a direct recruit or for the promotion of an employee, recruitment or promotion cannot be made Recommendations of the DPC held anterior to the date of the constitution of the Jharkhand High Court and the State of E Jharkhand could not be implemented and the exercise of accepting the recommendation of the DPC from a date prior to the date of formation of tf,a State of Jharkhand could have been taken only by the State of Bihar and not by the State of Jharkhand. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2014 INSC 1003 |
Petitioner | State Of Jharkhand |
Respondent | Bhadey Munda & Anr. |
SCR | [2014] 7 S.C.R. 765 |
Judgement Date | 2014-09-10 |
Case Number | 8616 |
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