N. NAGARAJA ETC. versus VASANT K. GUDODAGI AND ORS.

N. NAGARAJA ETC. versus VASANT K. GUDODAGI AND ORS.

Retrospective promotion not covered by Rule 2 of the 1973 Rules is not justified; thus, the appellant cannot claim seniority above respondent No. 1.

Parties
Appellant: N. Nagaraja; Respondent: Vasant K. Gudodagi; Appellant: State of Karnataka
Jurisdiction
India
Judgment Date
24 April 1990
Procedural Posture
Civil Appeal / Appeal From Karnataka State Administrative Tribunal Decision
Outcome
Appeals dismissed
Legal Topics
Seniority, Retrospective Promotion
Civil Service Law Seniority Retrospective Promotion

Case Brief

Summary, issues, holding and outcome

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Parties

N. Nagaraja

Appellant

Vasant K. Gudodagi

Respondent

State of Karnataka

Appellant

Procedural Posture

Civil Appeal / Appeal From Karnataka State Administrative Tribunal Decision

Legal Issues

  1. 1 Whether retrospective promotion under Karnataka State Civil Services (Regulation of Promotion, Pay & Pension) Rules 1973 is permissible
  2. 2 Whether the appellant is entitled to seniority over respondent No. 1

Ratio Decidendi

Retrospective promotion not covered by Rule 2 of the 1973 Rules is not justified; thus, the appellant cannot claim seniority above respondent No. 1.

Court Disposition

Appeals dismissed

Orders

  • Redrawing of the seniority list by showing appellant below respondent No. 1
  • No order as to costs