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
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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