Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Seniority – Inter-se seniority between promotees and direct recruits |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, U.p. Urban Planning and Development Act, 1973 (11 of 1973) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Seniority – Inter-se seniority between promotees and directrecruits – Promotees placed higher than direct recruits in senioritylist for the post of ‘Assistant Engineer’ – Direct recruits challengedthe seniority list contending that the appointment of promotees wereconstitutionally invalid as the same were without consultation withUttar Pradesh Public Service Commission (UPPSC) as envisagedin Art.320(3) of the Constitution – Held: The promotees as well asdirect recruits were initially appointed on ad hoc basis as a stopgaparrangement – Appointment of direct recruits, thus was notthrough a regular process of UPPSC – They were later regularisedin terms of Office Memorandum dated 20.11.2001 – The High Courtwas not justified in relying on 4th amendment to the CentralisedServices Rules, 1985 because therein post of ‘Assistant Engineer’was not mentioned as the post for which consultation with UPPSCwas exempted – Such consultation was mandatory – However, thisis irregularity and not illegality, and such irregularity can be curedthrough prospective consultation – The relevant date for inter-seseniority for the direct recruits would be their date of regularisationand for the promotees would be date of their continuous officiation– The dates of officiation of promotees are prior to the appointmentof the direct recruits – State is directed to move UPPSC forconsultation – Constitution of India – Art. 320(3) – Uttar PradeshUrban Planning and Development Act, 1973 [as amended by UttarPradesh Urban Planning and Development (Amendment andValidation) Act, 1985] – s. 5A – Uttar Pradesh DevelopmentAuthorities Centralised Services Rules, 1985 – rr. 8, 21 and 28,Schedule III – Uttar Pradesh Public Service Commission (Limitationof Function) Regulations, 1954. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2018 INSC 685 |
Petitioner | Ajay Kumar Singh & Anr. |
Respondent | The State Of Uttar Pradesh & Ors. |
SCR | [2018] 9 S.C.R. 503 |
Judgement Date | 2018-08-09 |
Case Number | 10829 |
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