Hariharan vs Harsh Vardhan Singh Rao

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1246

S. ABDUL NAZEER, ABHAY S. OKA
Hariharan – Appellant
Versus
Harsh Vardhan Singh Rao – Respondent

Advocates appeared:
For the Parties : Mr. Vikramjeet Banerjee, Ld. ASG Mr. Shashank Bajpai, Adv. Mr. Raj Bahadur Yadav, AOR Mr. Huzefa Ahmadi, Sr. Adv. Ms. Aastha Mehta, Adv. Ms. Vishakha, Adv. Mr. Mishra Saurabh, AOR Ms. Prerana Mohapatra, Adv. Ms. Rita Jha, AOR Mr. Nidhesh Gupta, Sr. Adv. Ms. Pallavi Singh, Adv. Ms. Vriti Gujral, Adv. Ms. Japneet Kaur, Adv. Mr. V. K. Verma, AOR Mr. Rajat Srivastav, Adv. Dr. Sushil Balwada, AOR Mr. Rameshwar Prasad Goyal, AOR Mr. Satyavikram, Adv. Ms. Lekha G.V., AOR Mr. Shrutanjaya Bhardwaj, Adv. Ms. Shivani Vij, Adv. Mr. Zeeshan Diwan , AOR

JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted in Special Leave Petition (C) No.16161 of 2018. Delay in filing Special Leave Petition (C) Diary No.12422 of 2022 is condoned and leave is granted in the said Special Leave Petition as well.

2. In Civil Appeal arising out of SLP (C) No.16161 of 2018, the appellants who are original respondents nos.11 to 14 before the High Court of Gujarat, have challenged the judgment and order dated 11th May 2018 passed by a Division Bench of the High Court of Gujarat on a writ petition under Article 226 of the Constitution of India filed by respondents nos.1 to 18.

FACTUAL ASPECTS IN CIVIL APPEAL ARISING OUT OF S.L.P.(C) NO.16161 OF 2018

3. Few factual details will have to be noted. The dispute is a typical dispute between promotees and direct appointees over inter-se-seniority. Here, the dispute is about the posts of Inspectors in the Income Tax Department in the State of Gujarat. On 7th February 1986 and 3rd July 1986, Office Memoranda (for short, ‘OM’) were issued by the Ministry of Personnel, Public Grievances and Pension. Both the OMs record that the principle of rotation of quota will be followed for determining the inter-se-seniority of promotees and

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2022 Supreme(SC) 1246

S. ABDUL NAZEER, ABHAY S. OKAHariharan – AppellantVersusHarsh Vardhan Singh Rao – Respondent

Cases Referred (6)

S. ABDUL NAZEER, ABHAY S. OKA
Hariharan – Appellant
Versus
Harsh Vardhan Singh Rao – Respondent