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Supreme Court of India 2021-10-26 partly_allowed

SUDHIR KUMAR ATREY vs UNION OF INDIA & ORS

Bench: 2 — Ajay Rastogi, Abhay S. Oka

In Brief

This case concerned the seniority of military engineers selected in the same 1983 select panel by Western Command but appointed only in 1987-1988, nearly five years later. The key legal question was whether seniority should be determined by placement in the select panel (regardless of later appointment date) or by actual date of joining service. The Supreme Court held that when different Commands hold independent selections, seniority should be based on date of entry into service, not select panel placement. However, the Court declined to disturb the revised seniority list already applied because beneficiaries had been promoted and retired in reliance on it, invoking Article 142 to do complete justice in these peculiar circumstances."

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Administrative Law Service Law Seniority Civil Service Military Engineering Service Inter-se Seniority Constitutional Power

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