Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Assistant Engineers Service law Regularisation of services |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law: Seniority – Determination of – Counting of ad hoc services –Held: Seniority is to be counted only from the date of their regularisation and the services rendered by the ad hoc appointees prior thereto, i.e., from the date of their initial appointments is not to be counted for the purpose of seniority – On facts, Assistant Engineers given ad hoc appointment in the year 1985 – No consultation with the UPSC and as such there was no recommendation by the UPSC – Regularisation of services as per the 1979 Rules in the year 1989 and thereafter they were selected by the Selection Committee constituted under the 1979 Rules – As such their substantive appointments can be said to be only from the date of their regularisation/appointment made in the year 1989 – Thus, the seniority is to be counted only from 14.12.1989, the date of their regularisation – Services rendered by the ad hoc appointees prior thereto, i.e., from the date of their initial appointments in the year 1985 is not to be counted for the purpose of seniority, vis-à- vis, the direct recruits appointed prior to 1989 – Uttar Pradesh Regularisation of Ad hoc Appointments (on posts within the purview of the Public Service Commission) Rules, 1979 – Uttar Pradesh Regularisation of Ad hoc Appointments (on posts within the purview of the Public Service Commission) (Second Amendment) Rules, 1989 – Uttar Pradesh Rural Engineering (Group ‘B’) Service Rules, 1993 – Uttar Pradesh Government Servants’ Seniority Rules, 1991. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 364 |
Petitioner | Rashi Mani Mishra And Others |
Respondent | State Of Uttar Pradesh And Others |
SCR | [2021] 6 S.C.R. 435 |
Judgement Date | 2021-07-28 |
Case Number | 10788 |
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