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Supreme Court of India 2019-03-05 dismissed

Sudhakar Baburao Nangnure vs Noreshwar Raghunathrao Shende & Ors

Bench: 2 — Dr. Dhananjaya Y. Chandrachud, Hemant Gupta

In Brief

An open-category officer (Nangnure) challenged a seniority list placing a reserved-category officer (Shende) senior to him in the Joint Director cadre, invoking the 'catch-up' principle. Though Shende was promoted earlier (2011) against a reserved vacancy, Nangnure was senior in the feeder cadre. The Supreme Court dismissed the appeal, holding: the Government Resolution of 20 March 2003 providing for consequential seniority on the regular promotion date was not superseded by the 2004 Reservation Act; Nangnure failed to challenge Shende's appointment or the seniority circular at first instance; and crucially, Nangnure lacked the three-year JDTP service required to be eligible for the higher Director post when the vacancy arose, so seniority could not override eligibility.

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Service Law Constitutional Law Reservation Policy Seniority Promotion Civil Services Administrative Law

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