Constitution of India, 1950, Article 226, 233, 235, Uttar Pradesh Public Services (Reservation) for Scheduled Castes and Scheduled Tribes and Other Backward Classes Act, 1994, Section 3, Uttar Pradesh Higher Judicial Service Rules, 1975, Rule 7, 8(2) -- Direct recruitment of District Judges - Reservation - Adoption of statutory prescription under Act of 1944 by High Court..........
Constitution of India, 1950, Article 16 -- Promotion - Benefit of stepping up of pay of petitioner at par with junior - Validity - Higher pay to the petitioners has resulted from the application of ACP scales - no question of withdrawal of benefits and there will be no question of recoveries to be made - Benefit of stepping up of pay of petitioner at par with junior..........
Constitution of India, 1950, Article 14, 16 -- Appointment - Delay and laches - Seniority is yet to be finalized - Petitioner submitted their self contained legal notice raising protest against the promotion order and claiming seniority over and above private respondents - Once the seniority was not finalized and private respondents were promoted, despite being lower in..........
Constitution of India, 1950, Article 14, 16, Rajasthan Housing Boards Act, 1970, Section 53 -- Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations, 1976, Cls.(6) to (10) - Promotion - Post of Project Engineer Sr. - Classification - Diploma holder and degree holders Jr. Engineers - Qualifying service - Eligibility of 3 years total..........
Service -- Merged cadre - Fixation of seniority - It is open to authority concerned to lay down equitable principles with regard to fixation of seniority in Merged Cadre - Once a service gets merged with another service, employee concerned has a right to get positioned appropriately in merged service - That is plain meaning of `absorption' - MPSEB, having absorbed..........
Service -- Promotion - Complete denial of promotion forever - Held, it cannot be comprehended under constitutional scheme of Arts.14 and 16 of Constitution of India...........
Service -- Promotion - Appellant senior-most Major General and eligible for promotion to the post of Lt. General - Respondent authorities desirous of filling up said vacancy - Held, appellant most definitely had fundamental right of being considered against said vacancy and also fundamental right of being promoted if he was adjudged suitable - Action of authorities in..........
Service -- Promotion - Selection Board singularly recommended name of appellant for promotion out of a panel of four names - Held, action of respondent authorities in not promoting him is discriminatory and violative of Art.16 of Constitution especially, when respondents were desired to fill up said vacancy and also because vacancy had arisen when appellant still had 14..........
Constitution of India, 1950, Article 16(4A) -- Promotion - Reservation - Restructuring of posts - Effect on reservation - Held, does not involve creation of additional posts but merely results in some of the existing posts being placed in a higher grade to provide relief against stagnation, the said process does not invite reservation...........
Service -- Promotion is not a matter of right much less a fundamental right, more particularly when promotion in the subordinate judiciary is to be dealt with by the High Court which has complete control over the subordinate judiciary in view of Article 235 of the Constitution...........
