ASIS KUMAR SAMA NT& ORS. versus STATE OF WEST BENGAL & ORS.
Due to conflicting views expressed by Supreme Court regarding grant of retrospective seniority to promotees over direct recruits, matter requires resolution by a larger Bench.
- Parties
- Appellant: Asis Kumar Samanta; Respondent: State of West Bengal; Respondent: Ajay Sharma; Respondent: T.C. Sharma; Respondent: Nelam Sharma
- Jurisdiction
- India
- Judgment Date
- 12 July 2007
- Procedural Posture
- Civil Appeal / Referred to Larger Bench
- Outcome
- Referred to larger Bench
- Legal Topics
- Seniority, Promotion, Direct Recruitment, Retrospective Seniority
Case Brief
Summary, issues, holding and outcome
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Full judgment text Legal principles 2 Authorities cited 11 Party arguments 2
Parties
Asis Kumar Samanta
Appellant
State of West Bengal
Respondent
Ajay Sharma
Respondent
T.C. Sharma
Respondent
Nelam Sharma
Respondent
Procedural Posture
Civil Appeal / Referred to Larger Bench
Legal Issues
- 1 Whether officers promoted to the State Forest Service can en bloc be given seniority retrospectively over officers directly recruited to the service
Ratio Decidendi
Due to conflicting views expressed by Supreme Court regarding grant of retrospective seniority to promotees over direct recruits, matter requires resolution by a larger Bench.
Court Disposition
Referred to larger Bench
Orders
- Registry directed to place matter before Hon'ble Chief Justice of India for constitution of a larger Bench
Full Case Text
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