T.N. SAXENA & OTHERS versus STATE OF U.P. & OTHERS

T.N. SAXENA & OTHERS versus STATE OF U.P. & OTHERS

Promotees appointed as Senior Marketing Inspectors within their quota prior to induction of direct recruits are entitled to seniority based on their length of service. The government cannot subsequently push down such promotees in seniority solely to accommodate later direct recruits; the rule of alternate seniority must not override genuine seniority based on service length.

Parties
Appellants: T.N. Saxena & Others; Respondents: State of U.P. & Others
Jurisdiction
India
Judgment Date
07 May 1982
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 18th May, 1979 of the Allahabad High Court in Writ Petition No. 1372 of 1977
Outcome
Appeal dismissed
Legal Topics
Seniority, Recruitment, Promotion, Direct Recruitment, Seniority List
Service Law Seniority Recruitment Promotion Direct Recruitment Seniority List

Case Brief

Summary, issues, holding and outcome

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Parties

T.N. Saxena & Others

Appellants

State of U.P. & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 18th May, 1979 of the Allahabad High Court in Writ Petition No. 1372 of 1977

Legal Issues

  1. 1 Whether promotees appointed prior to direct recruits were entitled to seniority based on length of service despite subsequent induction of direct recruits.
  2. 2 Whether seniority of promotees could be affected by later preparation of combined seniority lists accommodating direct recruits above promotees.

Ratio Decidendi

Promotees appointed as Senior Marketing Inspectors within their quota prior to induction of direct recruits are entitled to seniority based on their length of service. The government cannot subsequently push down such promotees in seniority solely to accommodate later direct recruits; the rule of alternate seniority must not override genuine seniority based on service length.

Court Disposition

Appeal dismissed

Orders

  • Government to issue fresh seniority list in light of Supreme Court and High Court principles so as to avoid reversion of promotees within their quota; no order as to costs.