Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Deputy Excise Commissioner Technical Officer |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | UTTAR PRADESH EXCISE GROUP 'A' SERVICE RULES, 1983:Rules 5(3)( as amended w.e.f.16.5.1999), 7 and 8 - Promotion to Deputy Excise Commissioner - Exclusion of Technical Officer and Statistical Officer from the feeder streams w.e.f. 16.5.1999 - Vacancies occurring prior to amendment filled after amendment according to substituted Rule 5(3) - Held: There is no statutory duty cast upon the State to complete the selection process within a prescribed period - Nor is there a mandate to fill up the posts within a particular time - The requirement of filling up of old vacancies under the old rules is interlinked with the candidate having acquired a right to be considered for promotion which accrues on the date of consideration of the eligible candidates - In the instant case, consideration for promotion took place after the amendment came into operation - Therefore, it cannot be held that any accrued right of the two officers was taken away by the amendment - Moreover, a conscious decision was taken to abolish the feeder cadre consisting of Technical Officers and Statistical Officers for promotion to the post of Deputy Excise Commissioner - Service Law - Uttar Pradesh Govemment Criterion for Recruitment by Promotion Rules, 1994 - r.4. SERVICE LAW:Promotion - Need to open avenues for - Technical Officers and Statistical Officers excluded from the feeder stream for promotion to Deputy Excise Commissioner in the State of U.P. - But posts upgraded - HELD: Mere upgradation may not be sufficient compensation for loss of opportunity of promotion - State Government advised to re- look at the promotion policy to provide some opportunity of further promotion to officers concerned - Uttar Pradesh Excise Group 'A' Service Rules, 1983. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2011 INSC 250 |
Petitioner | Deepak Agarwal & Anr. |
Respondent | State Of Uttar Pradesh & Ors. |
SCR | [2011] 4 S.C.R. 149 |
Judgement Date | 2011-03-31 |
Case Number | 6587 |
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