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Supreme Court of India 2019-03-05 dismissed

Sudhakar Baburao Nangnure vs Noreshwar Raghunathrao Shende & Ors

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

An open-category officer (Sudhakar Nangnure) challenged the seniority of a scheduled-caste officer (Noreshwar Shende) promoted to Joint Director of Town Planning. Nangnure sought to invoke the "catch-up rule," claiming that being senior in the lower cadre, he should gain seniority upon his own promotion, despite Shende's earlier advancement. The Supreme Court dismissed the appeal, holding that: (1) Nangnure failed to challenge Shende's appointment or the Government Resolution providing consequential seniority; (2) even if catch-up applied, Nangnure lacked the three-year minimum service requirement in JDTP needed for Director promotion—eligibility and seniority are distinct; and (3) the Reservation Act 2004 did not supersede the consequential seniority principle.

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Service Law Civil Procedure Constitutional Law Reservation Seniority Administrative Law Promotion

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