12 July 2018
Supreme Court
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ABDUL JABBAR Vs RAM BIHARI PANDY

Bench: HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Judgment by: HON'BLE MR. JUSTICE KURIAN JOSEPH
Case number: C.A. No.-008018-008019 / 2013
Diary number: 9055 / 2005
Advocates: NAFIS A. SIDDIQUI Vs T. MAHIPAL


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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S).  8018-8019/2013

ABDUL JABBAR APPELLANT(S)

                               VERSUS

RAM BIHARI PANDY & ORS. RESPONDENT(S)

WITH

C.A. NO. 8020-8021/2013

J U D G M E N T

KURIAN, J.

Learned counsel for the appellants submits that

he does not want to press I.A. No.108566/2017.  The

I.A. is, accordingly, dismissed as not pressed.

2. The appellants are before this Court, aggrieved

by the promotions effected in the year 1981 based on

the  trade  test  conducted  by  the

respondent/Institution.  The Trade Test was conducted

for the purpose of promotion based on the principle

of Merit-cum-Seniority.  Accordingly, the promotions

had been always made based on the merit list prepared

on the basis of test performance.

3. It is stated in the counter affidavit that though

in 1986 the principle was sought to be changed to

Seniority-cum-Merit,  later  the  principle  of  Merit-

cum-Seniority was restored.

4. Thus, we do not find any ground to interfere with

the concurrent findings rendered by the Trial Court

and the High Court.  The appeals are hence dismissed.

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5. Pending  applications,  if  any,  shall  stand

disposed of.

6. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [SANJAY KISHAN KAUL]  

NEW DELHI; JULY 12, 2018.

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