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Law Dictionary Home Dictionary Definition where-promotions-to-a-grade-are-made-from-more-than-one-grade

Where promotions to a grade are made from more than one grade, the rule of seniority set out in Paragraph 5(ii) of the Memorandum dated December 22, 1959 would be attracted in all cases where promotions to a grade are made from more than one grade, irrespective as to whether these grades all belong to the same service or not. It would not be right to limit the applicability of the seniority rule set out in this provision by reading into it a limitation which is not there, merely because an illustration of the applicability of the seniority rule given in the Explanatory Note relates to a case where the grades are all in the same service, P.S. Mahal v. Union of India, AIR 1984 SC 1291: (1984) 4 SCC 545 (577): (1984) 3 SCR 847.

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