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Supreme Court of India 2019-03-05 dismissed

SUDHAKAR BABURAO NANGNURE vs NORESHWAR RAGHUNATHRAO SHENDE

Bench: 2 — D.Y. Chandrachud, Hemant Gupta

In Brief

A senior open-category government officer in Maharashtra challenged the seniority granted to a junior Scheduled Caste officer who received accelerated promotion. The appellant invoked the 'catch-up rule' claiming he should regain seniority upon his own promotion. The Supreme Court dismissed the appeals, holding that the State's Government Resolution of 2003 validly provided for consequential seniority, which the Reservation Act 2004 did not supersede. Critically, the appellant failed to challenge the resolution or the respondent's initial promotion within the statutory framework. Additionally, when the senior position vacated, the appellant lacked the mandatory three-year service requirement for eligibility. The Court held that seniority cannot override eligibility requirements.

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Constitutional Law Reservation Civil Services Seniority Rules Scheduled Castes Consequential Seniority Catch-up Rule Promotion Administrative Law Service Law

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