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    <title>1990 (5) TMI 223 - Supreme Court</title>
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    <description>Senior service rules required continuous officiation under a proper regular appointment to be counted for seniority, rather than waiting for formal confirmation, because uninterrupted lawful service could not be ignored without creating arbitrariness. The officiating and permanent Deputy Engineers were treated as members of one integrated cadre, not separate cadres. Where direct recruits were unavailable and promotions were made regularly in excess of quota after the prescribed procedure, the quota rule had broken down and could not defeat seniority based on continuous officiation. The 1982 seniority rules, as amended in 1984, were upheld except for invalid retrospective quota provisions, and a fresh writ challenge to the 1978 rules was barred by res judicata because the earlier High Court decision had attained finality.</description>
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    <pubDate>Wed, 02 May 1990 00:00:00 +0530</pubDate>
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      <title>1990 (5) TMI 223 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=156679</link>
      <description>Senior service rules required continuous officiation under a proper regular appointment to be counted for seniority, rather than waiting for formal confirmation, because uninterrupted lawful service could not be ignored without creating arbitrariness. The officiating and permanent Deputy Engineers were treated as members of one integrated cadre, not separate cadres. Where direct recruits were unavailable and promotions were made regularly in excess of quota after the prescribed procedure, the quota rule had broken down and could not defeat seniority based on continuous officiation. The 1982 seniority rules, as amended in 1984, were upheld except for invalid retrospective quota provisions, and a fresh writ challenge to the 1978 rules was barred by res judicata because the earlier High Court decision had attained finality.</description>
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