ASIS KUMAR SAMA NT& ORS. versus STATE OF WEST BENGAL & ORS.

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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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

  1. 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