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Supreme Court of India 2019-03-12 allowed

A.RAJAGOPALAN vs DIST.COLLECTOR.THIRUCHIRAPALLI DIS.&ORS

Bench: 2 — R. Banumathi, R. Subhash Reddy

In Brief

This appeal concerns promotion of Assistant employees in Tamil Nadu's revenue department. The Supreme Court had previously held (Rathinaswami 2009) that Direct recruit Assistants can be placed above non-graduate promotees but not above graduate promotees for promotion to Deputy Tahsildar. The High Court then ordered all three categories treated equally, with retrospective effect from 1978. The Supreme Court reversed this, holding that the Rathinaswami benefit to graduate promotees applies prospectively from 2009 only. Promotions granted between 1995-2009 under the original amendment must remain undisturbed to avoid prejudicing settled rights and creating confusion.

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