NDLI: Siraj Ahmad Vs. State of Uttar Pradesh & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	U.P. Development Authorities Centralised Service Rules Sub.r.(3) of r.24 Claim for Promotion 1985
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	U.P. Development Authorities Centralised Service Rules, 1985 – Sub.r.(3) of r.24 – Promotion – Claim for – Appellant underwent the selection process conducted by the State under the provision of the Rules, 1985 and was appointed on ad-hoc basis on the post of Junior Engineer by Respondent No.1 – While in service appellant obtained the degree in B.Sc.-Engineering – Thereafter, appellant sought promotion u/sub. r.(3) of r.24 of the Rules – Appellant was not promoted – Writ petition by appellant was rejected by the High Court – The State contended that the appointment was not made with the concurrence of U.P. Public Service Commission, therefore, appellant’s appointment was illegal – Appellant contended that he was entitled for promotion as he was continuously employed from the date of initial appointment – On appeal, held: The case of appellant was squarely covered by the judgment of the Constitution Bench in the case of Direct Recruit Class II Engineering Officers Association – It was not in dispute that except the concurrence of the U.P. Public Service Commission the appointment of the appellant was made after following the procedure prescribed under the said Rules – The appointment of the appellant at the most can be termed as irregular and not illegal – The appellant had uninterruptedly served till the regularisation of his service which was made in accordance with the Rules – Further, the Respondent had issued an office memorandum dated 11.03.1994 providing for relaxation of the condition which prescribed minimum 10 years service on the post of Junior Engineer – By the said office memorandum, the government provided that 5% of the posts out of 50% promotional quota were to be reserved for such Junior Engineers, who had passed B.E. or A.I.M.E. Examination – Appellant possessed the said qualification – The High Court in another similarly circumstanced case had directed for consideration for the purpose of promotion to the higher post – However, the High Court in the case of the appellant rejected his claim for promotion – The High Court had considered the case of two employees differently when they were similarly circumstanced – Therefore, in view of the office memorandum dated 11.03.1994, the appellant was entitled to be promoted immediately after the issuance of the said office memorandum as he possessed the requisite degree when the said office memorandum was issued – The High Court erred in dismissing the petition of the appellant – Service Law.
Judge	Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice Surya Kant
Neutral Citation	2019 INSC 1367
Petitioner	Siraj Ahmad
Respondent	State Of Uttar Pradesh & Anr.
SCR	[2019] 16 S.C.R. 1131
Judgement Date	2019-12-13
Case Number	9412

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