The Doctrine of Prospective Overruling II


If criteria for promotion is merit-­cum­-seniority, comparative merit has to be evaluated. In case of merit­-cum­-seniority, even a Junior may steal a march over his Seniors for accelerated promotion.

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What was done in Bimlesh Tanwar v. State of Haryana, (2003) 5 SCC 604 was actually a declaration of law. Therefore, same will have retrospective effect. P.V. George v. State of Kerala, (2007) 3 SCC 557 held, power to apply Doctrine of Prospective Overruling must be exercised in clearest possible term.

Therefore, it is clear, anything done as a consequence off P.S. Ghalaut v. State of Haryana, (1995) 5 SCC 625 cannot stand since this Court did not apply Doctrine of Prospective Overruling in Bimlesh Tanwar in express terms.

Two-Judge Bench of Hon’ble Supreme Court of India, Manoj Parihar v. State of J&K, [Special Leave Petition (Civil) No. 11039 of 2022].



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