Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Government Servants Seniority Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttar Pradesh Government Servants Seniority Rules, 1991. rr.5, 8- Determination of seniority between two groups of direct recruits to the posts of Deputy Jailor, one appointed in 1991 through the selection made by Selection Commission and the other in 1994 by UPPSC - Selection process for the appointments made in 1991 had commenced in 1987 while selection process for the appointments made in 1994 had commenced in 1990 - High Court holding that 1994 appointee would rank senior to the 1991 appointee, observing that the candidates who were selected in the selection process that commenced in 1987 should rank senior to those selected in the selection process commencing much later in 1990 - Correctness of - Held: Not correct - 1991 appointees cannot be made junior to 1994 appointees Per R.M. Lodha, J.: Rule 8 of the 1991 Rules would govern the controversy and in view thereof for determination of interse seniority between the two groups (1991 and 1994 appointees by direct recruitment) date of the order of their substantive appointment is relevant - Since the substantive appointment of 1991 appointees was much /prior in point of time, they would rank senior to the 1994 appointees - Per Aftab Alam, J: The seniority dispute in instant case has to be determined outside the 1991 Rules ~ Basic principles for determination of seniority has to be applied - Seniority cannot relate back to a period prior to the date of the incumbent's birth in the service/cadre, and in facts of this case, the issue of seniority between the 1991 appointee and the 1994 appointee must be decided on that basis - By this way, the 1991 appointee would rank senior to the 1994 appointee - Uttar Pradesh Subordinate Service Selection (Commission) Act, 1988 - Service law - Seniority.Service law: Seniority - Legal position with regard to determination of seniority in service - Discussed. |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2011 INSC 117 |
Petitioner | Pawan Pratap Singh & Ors. |
Respondent | Reevan Singh & Ors. |
SCR | [2011] 2 S.C.R. 831 |
Judgement Date | 2011-02-10 |
Case Number | 9906 |
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