SH. K.B. SHARMA AND ANR. versus UNION OF INDIA AND ANR.

SH. K.B. SHARMA AND ANR. versus UNION OF INDIA AND ANR.

Promotion Policy is not discriminatory as it provides weightage for service as Assistant Manager/Manager. Unequals have not been treated equally; previous service is not disregarded. Clauses challenged are intra vires and do not violate constitutional rights.

Source-derived case information.

Parties
Appellant: K.B. Sharma; Appellant: Anr.; Respondent: Union of India; Respondent: Anr.
Jurisdiction
India
Judgment Date
28 January 1998
Procedural Posture
Civil Appeal / Supreme Court Appeal From Division Bench Judgment
Outcome
Appeal dismissed
Legal Topics
Promotion Policy, Seniority, Discrimination, Bank Officers Service Regulation
Service Law Promotion Policy Seniority Discrimination Bank Officers Service Regulation

Source-derived case record

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Parties

K.B. Sharma

Appellant

Anr.

Appellant

Union of India

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Division Bench Judgment

Legal Issues

  1. 1 Whether Regulation 7 and clauses 5.1, 5.5, 6.2, and 7.1 of the Promotion Policy are discriminatory and violate Articles 14 and 16 of the Constitution
  2. 2 Whether prior service tenure and seniority were properly considered under new regulations

Ratio Decidendi

Promotion Policy is not discriminatory as it provides weightage for service as Assistant Manager/Manager. Unequals have not been treated equally; previous service is not disregarded. Clauses challenged are intra vires and do not violate constitutional rights.

Court Disposition

Appeal dismissed

Orders

  • Promoted appellants not to be reverted from their posts despite possible lowering of seniority
  • No order as to costs