VidhiSangh

Supreme Court of India · 05/03/2019

SUDHAKAR BABURAO NANGNURE versus NORESHWAR RAGHUNATHRAO SHENDE & ORS.

[2019] 4 S.C.R. 945 · 2019 INSC 312

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Summary

The Court entertained the renewed challenge after clarifying its earlier withdrawal order, but dismissed the promotion appeals. The consequential-seniority resolution and the respondent’s earlier appointment had not been challenged in the original proceedings, and the appellant lacked the required three years’ service in the feeder post when the vacancy arose.

Issues

  1. Whether the earlier withdrawal of special leave petitions barred a renewed challenge after review.
  2. Whether the consequential-seniority resolution survived the Reservation Act and could be challenged without specific pleadings.
  3. Whether claimed seniority dispensed with the service qualification for further promotion.

Provisions considered

Held

Result

Civil appeals dismissed without costs; High Court result left undisturbed for the reasons stated. Miscellaneous applications disposed of with clarification preserving the earlier liberty only on the catch-up issue.

Judgment PDF: Supreme Court of India, [2019] 4 S.C.R. 945.