Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Revenue Consolidation Service Rules 1991 – r.8(3) 1992 – rr. 18 and 19– U.P. Government Servants Seniority Rules |
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 Dismissed |
Headnote | Uttar Pradesh Revenue Consolidation Service Rules, 1992 – rr. 18 and 19– U.P. Government Servants Seniority Rules, 1991 – r.8(3) – Seniority of Assistant Consolidation officers (ACOs) – Writ petitioners who were promoted to the post of ACOs claimed their seniority above the direct recruits of the same recruitment year – Single Judge of the High Court directed the promotees of 1997 to be placed above the direct recruits of that year – Division Bench of the High Court upheld the findings of Single Judge but modified the same to the extent that the State shall apply rotasystem to direct recruits and promotees appointed in one recruitment year – On appeal, held: Seniority between the promotes and the direct recruits will have to be determined in accordance with the 1992 Rules – R.5 of the 1992 Rules provides that in regard to the posts of ACOs, 67% posts would be filled by direct recruitment and 33% posts by promotion –R.18 of the 1992 Rules mandates that, if in any year of recruitment, appointments are made both by direct recruitment and by promotion, a combined select list shall be prepared by taking the names of candidates from the relevant list, the first name in the list being of the person appointed by promotion i.e. cyclic order – A “year of recruitment” has been defined to be a period of twelve months, commencing from the first day of July of the calendar year and as such, in the present case, the year of recruitment would be from 1st of July of 1997 to 30th of June 1998 –In the instant case, the direct recruits were appointed on 18th August, 1997, whereas the promotees were appointed on 16th December, 1997, i.e. both were appointed in the selection/recruitment year 1997-98 – By virtue of R.19(2) of the 1992 Rules, where the appointment of both the direct recruits and of the promotees were to be made in the same year of recruitment, regular appointments should not have been made unless selections were made from both the sources and a combined list was prepared in accordancewith Rule 18 of the 1992 Rules – A combined seniority list made on 29th July, 2005 giving undue benefits to the direct recruits over the promotes, is in contravention of the provisions of Rules 18 and 19 of the 1992 Rules –Where appointments were to be made both by direct recruitment and by promotion, a combined list was to be prepared in accordance with Rule 18 of the1992 Rules – Hence, the seniority list dated 29th July 2005, which provided a higher seniority to the direct recruits, is, not sustainable in law |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 1200 |
Petitioner | Amit Singh |
Respondent | Ravindra Nath Pandey & Ors. Etc. Etc |
SCR | [2022] 8 S.C.R. 584 |
Judgement Date | 2022-11-11 |
Case Number | 8324-8327 |
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