आर.एस. मकाशी बनाम आई.एम. मेनन
| Citation | (1982) 1 SCC 379 |
| Court | Supreme Court of India |
| Date | 10 September 1981 |
| Year | 1982 |
| Bench | V.R. Krishna Iyer, O. Chinnappa Reddy JJ. |
| Acts/Articles | Article 14, Article 16 |
| Category | Service & Employment Law |
Key Principle Established
Reversion from a promotional post must follow seniority in the lower cadre. Last person promoted must be the first to be reverted (last come, first go).
When temporary promotional posts were abolished, the question arose about the order in which promoted officers should be reverted to their parent cadre.
The Court established the “last come, first go” principle for reversion — the person promoted last should be the first to be reverted. This maintains the seniority structure in the parent cadre and prevents arbitrary selection of who gets reverted.
This principle is universally applied in reversion cases across government services. It prevents discrimination in the selection of officers for reversion when promotional posts are reduced or abolished.
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Government policy on regularization of contractual employees under HKRNL must be implemented uniformly. Selective application violates Article 14.
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University recruitment must follow UGC norms and guidelines. Appointments made in violation of minimum qualification requirements are void ab initio.
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Recruitment bodies must follow fair and transparent selection processes. Any irregularity in the recruitment process vitiates the entire selection.
Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.