Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1979 22 50% vacancies by direct recruitment Uttar Pradesh Police Radio Service Rules rr. 17 50% by promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Uttar Pradesh Police Radio Service Rules, 1979 – rr. 17, 22 – 50% vacancies for the post of Assistant Radio Officers to be filled through direct recruitment and 50% by promotion from the feeder cadre (Radio Inspectors)– Appointments from both the streams were made on different dates– Combined selection list, quashed by High Court for being in violation of r.17 and r.22 – Fresh selection list was prepared, challenged by appellants-candidates from the feeder cadre – List sustained by High Court – Held: Manner in which appointment orders were issued was found to be in breach of the provisions of r.17 in the first judgment – However, neither the first judgment nor the impugned judgment stipulated in what manner the dates of birth into the cadre for individual candidates from the two streams were be determined – Since main reasoning of the High Court for deciding the matter was that selection from both streams was made from a common recruitment process,the dates of appointment orders of both the stream sought to be treated from a particular date and 30th January 1996 being the date on which the appointment letters of the promotee candidates were issued, would be such date – Thus, the seniority of the candidates including the appellants be determined treating the entry into the cadre of both sets of candidates (promotees and direct recruits) on 30th January 1996 and the seniority position be recast on that basis – On the question of intra-stream seniority, r.22 shall be followed – Impugned judgment modified – U.P Government Servant Seniority Rules, 1991– Constitution of India – Art. 142 – Service Law. |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2023 INSC 40 |
Petitioner | Sushil Pandey & Anr |
Respondent | State Of U.p.thr. Principal Secretary (home) & Ors |
SCR | [2023] 3 S.C.R. 207 |
Judgement Date | 2023-01-16 |
Case Number | 1838 |
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