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    <title>1992 (11) TMI 281 - Supreme Court</title>
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    <description>The Supreme Court upheld a transitional proviso in amended seniority rules that operated prospectively to preserve earlier seniority and prevent later promotees from displacing accrued positions. It held that this classification was not arbitrary or discriminatory under Articles 14 and 16(1), because seniority is not a vested right immune from lawful variation and the new weightage formula was applied in a balanced manner during transition. The Court also held that consultation under Section 3(1) of the All India Services Act was satisfied by prior disclosure of the proposal and consideration of objections, so the amendment was not invalid for want of consultation. Retrospective application was refused, as no mandamus could compel it contrary to the valid proviso.</description>
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    <pubDate>Wed, 11 Nov 1992 00:00:00 +0530</pubDate>
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      <title>1992 (11) TMI 281 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=184001</link>
      <description>The Supreme Court upheld a transitional proviso in amended seniority rules that operated prospectively to preserve earlier seniority and prevent later promotees from displacing accrued positions. It held that this classification was not arbitrary or discriminatory under Articles 14 and 16(1), because seniority is not a vested right immune from lawful variation and the new weightage formula was applied in a balanced manner during transition. The Court also held that consultation under Section 3(1) of the All India Services Act was satisfied by prior disclosure of the proposal and consideration of objections, so the amendment was not invalid for want of consultation. Retrospective application was refused, as no mandamus could compel it contrary to the valid proviso.</description>
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