NDLI: State of Uttar Pradesh & Others Vs. Ashok Kumar Srivastava & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Seniority Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law:Seniority- Date of seniority- Seniority granted w.e.f. thedate of promotional order - The promotee claimedretrospective seniority w.e.f. the date the vacancy had arisen- High Court allowed the claim of the promotee on thegrounds that the service rules provided to decide seniority0 w.e.f. the date of arising of vacancy; and that there has beenhostile discrimination against the promotee as other 10promotees had been accorded seniority w.e.f. the date ofarising of vacancy - Held: Conferment of retrospectiveseniority to the promotee by High Court is not tenable - Asper service rules the seniority has to be computed from theE date of appointment, unless otherwise stipulated in the letterof appointment - High Court misdirected itself in holding thatthere was discrimination because the promotee in questionand the other 10 promotees were governed by different set ofrules - Uttar Pradesh AyuNedic Aur Unani Mahavidyalaya Adhyapako ki Seva Niyamava/i, 1990 - r. 21 - Constitutionof India - Article 14.
Judge	Honble Mr. Justice Dipak Misra
Neutral Citation	2013 INSC 548
Petitioner	State Of Uttar Pradesh & Others
Respondent	Ashok Kumar Srivastava & Anr.
SCR	[2013] 11 S.C.R. 846
Judgement Date	2013-08-21
Case Number	6967

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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State of Uttar Pradesh & Others Vs. Ashok Kumar Srivastava & Anr.