Pendency of similar matter before a larger Bench of Supreme Court would not preclude Court from considering matter on merits,

P. Sudhakar Rao v. U. Govinda Rao, (2013) 8 SCC 693

Retrospective seniority - Retrospective seniority based on weightage of service - Statutory rules providing for, held,
must satisfy test of Arts. 14 and 16 of the Constitution - Retroactivity should not go beyond period when incumbent was
not even borne on cadre, irrespective of vacancy position and effect on others - Inter se seniority between Supervisors,
upgraded as Junior Engineers (JEs) on acquiring engineering degree, and degree-holder directly recruited JEs -
Seniority of upgraded Supervisors fixed retrospectively with effect from notional date arrived at after giving weightage for
past service - Notional date fixed without reference to existing vacancies - Seniority given from a date when Supervisors
had not even acquired eligibility, by obtaining the requisite degree - Grant of retrospective seniority adversely affected
promotion chances of directly recruited JEs - Held, grant of weightage of service entitling upgraded Supervisors
retrospective seniority over and above directly recruited JEs violative of Arts. 14 and 16, (2013) 8 SCC 693-A

Weightage of service - For purposes of eligibility for promotion or appointment - Permissible, provided statutory rules
providing the same are in consonance with Arts. 14 and 16 of the Constitution, (2013) 8 SCC 693-B
Constitution of India
Arts. 141 and 136 - Pendency of similar matter before a larger Bench of Supreme Court would not preclude Court from
considering the matter on merits, (2013) 8 SCC 693-C

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