UDAY PRATAP SINGH AND ORS. versus THE STATE OF BIHAR AND ORS.

UDAY PRATAP SINGH AND ORS. versus THE STATE OF BIHAR AND ORS.

No retrospective effect can be given to merger of cadres so as to affect vested rights of those already occupying posts in the higher branch; statutory rules under Article 309 govern seniority and cannot be whittled down by executive orders; direct recruits to the higher post prior to actual date of merger retain seniority; executive action cannot retrospectively destroy such rights.

Parties
Appellants: Uday Pratap Singh and Ors.; Appellants: D.N. Sinha and Ors.; Respondents: The State of Bihar and Ors.; Respondent Advocate: Ms. Sangeeta Agrawal (N.P.); Respondents in C.a. No. 3670/88: S.K. Bhattacharya and U.S. Prasad; Respondent No. 5 in C.a. 3670/88: R.K. Khanna and R.P. Singh
Jurisdiction
India
Judgment Date
29 September 1994
Procedural Posture
Civil Appeal / Appeal From Patna High Court Decision in Writ Petition No. 2223 of 1987
Outcome
Appeals dismissed.
Legal Topics
Seniority, Retrospective Effect, Statutory Rules Vs Executive Orders, Merger of Government Services, Articles 14 and 16 of Constitution
Service Law Constitutional Law Seniority Retrospective Effect Statutory Rules Vs Executive Orders Merger of Government Services Articles 14 and 16 of Constitution

Case Brief

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Parties

Uday Pratap Singh and Ors.

Appellants

D.N. Sinha and Ors.

Appellants

The State of Bihar and Ors.

Respondents

Ms. Sangeeta Agrawal (N.P.)

Respondent Advocate

S.K. Bhattacharya and U.S. Prasad

Respondents in C.a. No. 3670/88

R.K. Khanna and R.P. Singh

Respondent No. 5 in C.a. 3670/88

Procedural Posture

Civil Appeal / Appeal From Patna High Court Decision in Writ Petition No. 2223 of 1987

Legal Issues

  1. 1 Whether merger of Junior and Senior Branches of Bihar Finance Service could be given retrospective effect to alter seniority
  2. 2 Whether executive orders can override statutory rules and have retrospective effect to affect vested rights
  3. 3 Whether dismissal of SLP by a non-speaking order amounts to affirmation of High Court's judgment

Ratio Decidendi

No retrospective effect can be given to merger of cadres so as to affect vested rights of those already occupying posts in the higher branch; statutory rules under Article 309 govern seniority and cannot be whittled down by executive orders; direct recruits to the higher post prior to actual date of merger retain seniority; executive action cannot retrospectively destroy such rights.

Court Disposition

Appeals dismissed.

Orders

  • Seniority of respondents to be reckoned from dates of their appointments in Senior Branch, i.e., 12.5.1974 and 25.5.1974.
  • Seniority of appellants to be reckoned from 2.11.1975, the date they were substantively appointed to merged Senior Branch.