Constitution of India · Part III: Fundamental Rights · Right to Equality
Article 16: Equality of opportunity in matters of public employment
In plain words
All citizens have equality of opportunity in public employment. No citizen can be ineligible or discriminated against for a government job only on grounds of religion, race, caste, sex, descent, place of birth or residence.
- Parliament can prescribe residence requirements for certain posts in a State or Union territory.
- The State can reserve posts for backward classes not adequately represented, and reserve promotions (with consequential seniority) for the Scheduled Castes and Scheduled Tribes.
- Unfilled reserved vacancies can be carried forward, without counting towards the fifty per cent ceiling for that year.
- Posts can be reserved for economically weaker sections, up to a maximum of ten per cent, in addition to existing reservations.
- Offices in religious or denominational institutions can be limited to followers of that religion.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office [under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. [(4A) Nothing in this article shall prevent the State from making any provision for reservation [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.] [(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. [(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.]
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this article
Article 16 guarantees equality of opportunity in public employment. No citizen can be discriminated against in State employment on grounds of religion, race, caste, sex, descent, place of birth or residence. It also permits reservation in appointments and promotions, which has made it one of the most litigated provisions in the Constitution.
The structure
- Clause (1): equality of opportunity in public employment.
- Clause (2): no discrimination on listed grounds, including descent and residence.
- Clause (3): Parliament may require residence for certain posts.
- Clause (4): reservation for backward classes not adequately represented.
- Clauses (4A) and (4B): reservation in promotion for SCs and STs, and carrying forward unfilled reserved vacancies.
- Clause (6): reservation for economically weaker sections, up to ten per cent.
Key principles from the case law
- Reservation should ordinarily not exceed fifty per cent, save in extraordinary situations.
- The creamy layer of backward classes must be excluded from reservation benefits.
- Reservation in promotion for SCs and STs is permissible, but the State must ensure administrative efficiency (Article 335), and the creamy layer principle can apply.
- SCs may be sub-classified for more beneficial treatment of the more backward among them, based on data.
Article 16(4) is not an exception
Reservation under Article 16(4) is treated as a facet of equality, not an exception to it. Formal equality is supplemented by substantive equality for those historically excluded.
Key Supreme Court rulings
Indra Sawhney v. Union of India 1992 Supp (3) SCC 217
A nine judge bench upheld OBC reservation but required exclusion of the creamy layer and laid down that reservation should not ordinarily exceed fifty per cent.
M. Nagaraj v. Union of India 2006 INSC 711
Upheld Articles 16(4A) and 16(4B) on reservation in promotion, holding equality to be a basic feature, while requiring the State to satisfy conditions before providing such reservation.
Jarnail Singh v. Lachhmi Narain Gupta 2018 INSC 881
Held that M. Nagaraj's requirement of quantifiable data showing backwardness of SCs and STs was contrary to Indra Sawhney and invalid to that extent, and that the creamy layer principle can be applied to SCs and STs.
The State of Punjab v. Davinder Singh 2024 INSC 562
By majority, sub-classification of Scheduled Castes for reservation is constitutionally permissible; E.V. Chinnaiah, which held otherwise, was overruled.
Common mistakes
- Calling Article 16(4) an exception to equality.
- Forgetting the creamy layer exclusion.
- Relying on Chinnaiah, which has been overruled on sub-classification.
Read with: Article 14 Constitution, Article 15 Constitution, Article 335 Constitution
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the article 16
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The Director of Town Panchayat & Ors. v. M. Jayabal & Anr. Etc.
Issue arose whether the compassionate appointment of a family member on account of death of an employee in service, is as a matter of right; whether the dependent family member of a deceased employee, after being…
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Mission Accessibility v. Union of India & Ors.
In the instant petition, the petitioner sought for the modification of the timeline for scribe registration in the Civil Services Examination conducted by Union Public Service Commission and for permitting the use of…
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Divyangnakumari Harisinh Parmar (Dead) and Others v. Union of India and Others
The following issues arise for determination in the instant appeals: (i) What is the true nature of the rights in the land granted to the Appellants; (ii) Whether the High Court was justified in interfering with and…
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Reena Banerjee and Another v. Government of NCT of Delhi and Others
The present case concerns the implementation of the Rights of Persons with Disabilities Act, 2016 along with the prolonged institutionalisation. The lack of access to education, health, and community life for persons…
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Union of India & Ors. v. Sajib Roy
Issue arose as regards the correctness of the order by the High Court permitting the respondents who had applied as reserved candidates in OBC category after having availed age relaxation for the post of Constable, to…
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Anjuman Ishaat-E-Taleem Trust v. The State of Maharashtra and Others
1) Whether the State can insist that a teacher seeking appointment in a minority educational institution must qualify the Teacher Eligibility Test (TET); If so, whether providing such a qualification would affect any of…
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P. Maruthi Prasada Rao v. The State of Andhra Pradesh & Ors.
Having regard to the provisions of the Indian Forest Service (Recruitment) Rules, 1966, more particularly the expression “State Forest Service” as defined in r.2(g), whether any service in a State connected with…
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Dharam Singh & Ors. v. State Of U.P. & Anr.
Whether the High Court erred in failing to adjudicate the appellants’ principal challenge to the State’s refusals to sanction posts and treating the matter as a mere plea for regularization, and, if so, given the…
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Pawan Kumar Tiwary and Others v. Jharkhand State Electricity Board
Whether the findings of the Division Bench with respect to illegality in the appointment of appellants warrant interference; if the appointment is held to be legal, whether they are entitled to any consequential…
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Arshnoor Kaur & Anr. v. The Union of India & Ors.
(i) Whether after allowing induction of women in a particular corp or branch under section 12 of the Army Act, 1950, can the Respondents by way of a policy and/or administrative instruction restrict the number of women…
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Vishu Vardhan @ Vishnu Pradhan v. The State of Uttar Pradesh & Ors.
Issue arose whether the impugned order having merged with this Court’s order in Reddy Veerana’s case, as claimed by R, renders the present appeal which lays a collateral challenge to an order of this Court itself not…
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United Bank of India (Now Punjab National Bank) v. Swapan Kumar Mullick & Ors.
Issue arose to determine whether an employee resigning from service citing mental depression, after having served his employer much in excess of the period stipulated to qualify for being entitled to pension, forfeits…
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Pinky Meena v. The High Court of Judicature for Rajasthan at Jodhpur & Anr.
Whether the appellant was wrongly discharged from service as a Civil Judge on the ground of non-disclosure of past government service as a Teacher and having obtained LL.B. and B.Ed degree simultaneously, and LL.M.…
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Mohit Kumar v. State of Uttar Pradesh and Ors.
Issue arose whether Uttar Pradesh Police Recruitment and Promotion Board was bound to accept the OBC certificates submitted by aspirants which, admittedly, were not in the format prescribed in the recruitment…
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Kabir Paharia v. National Medical Commission and Others
Whether the denial of admission to the appellant in the MBBS UG course under Scheduled Castes PwBD quota was grossly illegal, arbitrary and violative of the appellant’s fundamental rights as guaranteed u/Arts.14 and 16…
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R. Ranjith Singh & Ors. v. The State of Tamil Nadu & Ors.
The dispute involved in the present case is fixation of inter se seniority in respect of direct recruitment which includes some in-service candidates also recruited under the direct recruitment quota.
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Pragya Prasun & Ors. v. Union of India & Ors.
1. Whether the present digital KYC / e-KYC / video-KYC framework is inaccessible to persons with disabilities? 2. Whether the regulatory authorities (RBI, SEBI, TRAI, PFRDA, IRDAI, DoT) have failed to ensure reasonable…
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Raju Naryana Swamy v. State of Kerala & Ors.
Whether the appellant was rightly denied the promotion to the grade of Chief Secretary.
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Directorate of Revenue Intelligence v. Raj Kumar Arora & Ors.
Issue arose whether an offence u/s.8(c) of the NDPS Act could be said to have been made out when an accused “deals with” psychotropic substances mentioned in the Schedule to the NDPS Act but not figuring in Schedule I…
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State of West Bengal v. Baishakhi Bhattacharyya (Chatterjee) and Others
The issues before the Hon’ble Supreme Court were: I. Whether the recruitment process conducted by West Bengal School Service Commission in 2016 for appointment of Assistant Teachers (Classes IX–X and XI–XII) and…
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Jomon K.K. v. Shajimon P. & Ors. Etc.
Whether the appellant who did not hold a current Lascar’s licence but was the holder of a Syrang’s licence (superior to Lascar’s licence) could have been considered qualified to participate in the recruitment process…
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Yerikala Sunkalamma & Anr. v. State of Andhra Pradesh, Department of Revenue & Ors.
Whether the High Court was correct in setting aside the judgment of the trial court whereby the appellants were held to be the lawful owners of the ‘Patta Land’.
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IN RE: RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES versus
Whether visually impaired candidates can be said to be ‘not suitable’ for judicial service; Whether the amendment made in Rule 6A of Madhya Pradesh Judicial Services (Recruitment and Conditions of Service) Rules, 1994…
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Sarita Choudhary v. High Court of Madhya Pradesh & Another
Matter pertains to the correctness of order passed by the High Court terminating two women Judicial Officers from service during probation period; and whether the cessation of services of two Judicial Officers is…
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Dr. Amaragouda L Patil v. Union of India & Ors.
Matter pertains to the challenge to the appointment of the third respondent as the Chairperson of the National Commission for Homeopathy on the ground of not fulfilling the requisite experience of working for ten years…
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Canara Bank v. Ajithkumar G.K.
Father of the respondent passed away while in service of the appellant. A scheme for appointment on compassionate ground, formulated by the appellant and contained in Circular No. 154/93 dated 8th May, 1993, was in…
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Amrit Yadav v. The State of Jharkhand and Ors.
The core issues presented for adjudication before this Court in these appeals are:- (1) Whether the advertisement dated 29.07.2010 issued by respondent no. 4 and appointment process carried out in pursuance thereof, was…
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Parimal Kumar & Ors. v. The State of Jharkhand & Ors.
Issue arose whether on commencement of recruitment process on the date of advertisement, the private respondents or the appellants possessed the minimum qualification prescribed in the 2022 Recruitment Rules; whether…
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Dr. Tanvi Behl v. Shrey Goel & Ors.
Whether providing domicile/residence-based reservation in admission to Postgraduate (PG) Medical Courses within the State Quota is constitutionally invalid and impermissible; Difference between domicile and residence…
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Bhupinderpal Singh Gill v. State of Punjab and Others
Whether the impugned order of the High Court, in which the Disciplinary Authority’s order imposing penalty and the order of the Single Judge dismissing the writ petition of the appellant have merged, warrants any…
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Jyostnamayee Mishra v. The State of Odisha and Ors.
Whether an employee in an establishment is entitled to claim promotion on a post for which he does not fall in the feeder cadre and the post is required to be filled up 100% by way of direct recruitment; whether a…
- Vijay Kumar and Others v. Director General Bureau of Indian Standards (Bis) & Ors
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Jaggo v. Union of India & Ors.
Issue arose as regards the regularization of services of long term serving employees performing essential function in government establishment.
- Saksham Kumar Through Natural Gurdian Vinod Kumar v. University of Delhi & Anr
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Hisar & Anr. v. Monika & ors.
Issue arose as regards the correctness of the order passed by the Single Judge and the Division Bench of the High Court in treating the first respondent as qualified for consideration and consequent appointment; and…
- Suraj Prakash Sharma v. Delhi Transport Corporation & Anr
- Suraj Prakash Sharma and Ors v. Delhi Transport Corporation Through Its Chairman and Anr
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C. Selvarani v. The Special Secretary-Cum-District Collector and Others
Whether the appellant is entitled to the Scheduled Caste community certificate, indicating that she belongs to Valluvan caste, which is recognized as one of the Scheduled Castes in the S.C. Order, 1964.
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State of Andhra Pradesh and Others v. Dr. Rao, V.B.J. Chelikani and Others
Issue arose that whether the Government, like any private individual, have the absolute discretion to frame policy, distribute resources and enter into a contract with whomsoever it pleases, on any terms and conditions…
- Hare Ram Singh v. Reserve Bank of India & Ors
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Aligarh Muslim University v. Naresh Agarwal & Ors.
The issues were: 1) ingredients, indicia or criteria for an educational institution to be considered a minority educational institution under Article 30 of the Constitution; 2) whether Aligarh Muslim University (AMU) is…
- Narendra Kumar Rai v. The Competent Authority Safema Ndps Act New Delhi
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Tej Prakash Pathak & Ors. v. Rajasthan High Court & Ors.
(a) When the recruitment process commences and comes to an end; (b) Basis of the doctrine that ‘rules of the game’ must not be changed during the course of the game, or after the game is played; (c) Whether the decision…
- V.P.Kathuria and Ors v. Cement Corporation of India and Anr
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Mukul Kumar Tyagi v. The State of Uttar Pradesh and Others
Issue arose as to whether the services of such of the candidates who were selected in the select list and had produced the Course on computer concepts-CCC certificate at the time of the interview could have been…
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Justice Shailendra Singh & Ors. v. Union of India & Ors.
(1) Whether Judges of the High Court appointed from the District Judiciary can be denied subscription to the General Provident Fund (GPF) on the basis of their previous service under the New Pension Scheme (NPS); and…
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involved and in I.R. Coelho v. State of T.N. [(1999) 7
(1) Whether Article 31C (as upheld in Kesavananda Bharati case) survives in the Constitution after amendment to the provision by the forty-second amendment was struck down by the Supreme Court in Minerva Mills case; and…
- Ajay Kumar v. Govt. of NCT Delhi and Ors
- Dinesh Kumar Meena v. Union of India and Ors
- Staff Selection Commission and Ors v. Kuldeep
- Staff Selection Commission & Ors v. Vatan Singh
- Staff Selection Comission and Ors v. Deepak
- Staff Selection Commission & Ors v. Aman Singh
- Subrat Kumar Panigrahi v. Hindustan Petroleum Corporation Limited and Ors
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V. Vincent Velankanni v. The Union of India and Others
Whether the seniority of the appellant is to be reckoned from the date of induction/initial appointment or as per the date of promotion/ confirmation in the skilled grade.
- Parikshit Grewal & Ors v. Union of India & Anr
- Delhi Subordinate Services Selection Board and Anr v. Mohan Singh
- Delhi Subordinate Services Selection Board and Anr v. Pavan Kumar
- Dsssb and Anr v. Dinesh Mahawar
- Union of India & Ors v. Yogesh Kumar
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Khunjamayum Bimoti Devi v. The State of Manipur & Ors.
Issue arose whether all aspirants whose names find place in the revised select list, pursuant to the course correction process, would secure appointment against the notified 1423 posts of Primary Teachers, irrespective…
- Jitender Yadav v. Union of India & Ors
- Naba Kumar Mandal v. Ircon International Ltd
- K.P.Singh v. U.O.I & Ors
- M/S Indus Hospitals, Rep. by Its Chairman v. Rajeev Lochan Singh
- Dhfl Pramerica Life Insurance Company Ltd v. Sohan Singh & Anr
- M/S Indus Hospitals, Rep. by Its Chairman v. Rajeev Lochan Singh
- Indrani Baishya & Ors v. Chairman State Bank of India & Ors
- Varman Aviation Private Limited v. Directorate of Civil Aviation, Government of Bihar
- M/S. Tdi Infrastructure Ltd v. Birjendra Singh Mallik Since Decessednthr Lr
- Mahindra and Mahindra Farm Division v. Sumit Kumar & Ors
- The Oriental Insurance Co. Ltd v. Ravinder Singh Kang
- Taneja Developers and Infrastructure Ltd & Anr v. Raj Kumar
- M/S India First Life Insurance Co Ltd & Anr v. Ms. Shaik Mumtaj & Anr
- The General Manager Punjab National Bank and Ors v. Rohit Malhotra
- Mahindra and Mahindra Ltd. Through Its Manager Mahindra Agri Solutions Ltd v. Patel Sangitaben Jagdishbhai & Ors
- Delhi State Contractual Employees Association v. Govt of NCT of Delhi and Ors
- Ajay Kumar & Ors v. Govt.Of NCT of Delhi & Ors
- Delhi Subordinate Services Selection Board and Anr v. Vishnu Kumar Badetiya
- Master Harmanpreet Singh Through Mr. Paramjeet Singh v. Directorate of Education, Govt. of NCT of Delhi & Anr
- Vinay v. Union of India and Ors
- Parikshit Grewal & Ors v. Union of India & Anr
- Varre Sai Pranav Sudhanshu v. Union of India & Anr
- Saurav Anand v. Union Public Service Commission
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Rajkaran Singh & Ors. v. Union of India & Ors.
Whether the appellants despite being classified as temporary employees of a scheme managed by contributory pooling of funds, can claim entitlement to pensionary benefits in accordance with the 6th Central Pay Commission…
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Salam Samarjeet Singh v. The High Court of Manipur at Imphal & Anr
Can the executive instructions in form of a resolution of the Full Court (High Court) by prescribing minimum marks for interview, override statutory rules made under Article 234/309; whether the High Court’s decision…
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Rekha Sharma v. The Rajasthan High Court, Jodhpur & Anr.
The High Court while declaring the result of Preliminary Examination for the post of the cadre of Civil Judge, showed the cut off marks for each of the categories mentioned in the advertisement, however did not show the…
- Morgan Asia Limited v. Reserve Bank of India & Anr
- Municipal Corporation of Delhi v. Pradeep Rana and Others
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Jagdish Prasad Singh v. State of Bihar and Others
The Accountant General, State of Bihar, raised an objection dated 28.01.2003, regarding the promotion accorded to the appellant on 10.03.1991 with a further remark that the promotion given to the appellant on 10.03.1991…
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The State of Punjab & Ors. v. Davinder Singh & Ors.
The Supreme Court was required to adjudicate upon whether the sub-classification of Scheduled Castes for the purpose of providing affirmative action, including reservation is valid. In this context, the following issues…
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Union of India & Ors. Etc. v. Prohlad Guha Etc.
Respondent-employees were appointed on compassionate ground. The authority found that their appointments were based on forged/ fabricated and bogus documents and their services were terminated. The issue which arises…
- Union of India and Anr v. Yashpal Garg and Ors
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Bihar State Electricity Board and Others v. Dharamdeo Das
Issue arose as to whether promotion ought to be reckoned from the date it is granted or from the date when a vacancy occurs on the subject post or when the post itself is created.
- Ircon International Ltd v. Bhavneet Singh
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State of Uttar Pradesh and Anr. v. Virendra Bahadur Katheria and Ors.
If there was any discrepancy in the pay scales of Sub-Deputy Inspectors of Schools/Assistant Basic Shiksha Adhikaris (SDI/ ABSA) and Deputy Basic Shiksha Adhikaris (DBSA) of the Basic Education Department, State of…
- Lily Packers Private Limited v. Vaishnavi Vijay Umak
- Lily Packers Private Limited v. Meetkumar Patel
- Lily Packers Private Limited v. Rahul Sharma
- Brijesh Kumar & Ors v. Union of India & Ors