INDU SHEKHAR SINGH AND ORS. versus STATE OF U.P. AND ORS.

INDU SHEKHAR SINGH AND ORS. versus STATE OF U.P. AND ORS.

Respondents deputed from U.P. Jal Nigam to Development Authorities were not entitled to have their past Jal Nigam service reckoned for seniority upon absorption in the centralized services, as Rule 7 of the Uttar Pradesh Development Authorities Centralised Services Rules, 1985 did not apply, and their acceptance of absorption subject to stated conditions precludes later claims to seniority based on previous service.

Parties
Appellants: Indu Shekhar Singh and Ors.; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
28 April 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dated 4.4.2003 in C.m.w.p. No. 22646 of 2000
Outcome
Appeals allowed; High Court judgment set aside.
Legal Topics
Seniority, Absorption of Deputationists, Discrimination Under Articles 14 and 16, Service Conditions
Service Law Administrative Law Seniority Absorption of Deputationists Discrimination Under Articles 14 and 16 Service Conditions

Case Brief

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Parties

Indu Shekhar Singh and Ors.

Appellants

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dated 4.4.2003 in C.m.w.p. No. 22646 of 2000

Legal Issues

  1. 1 Whether employees on deputation from U.P. Jal Nigam to Development Authorities are entitled to count their past Jal Nigam service for seniority after absorption in centralized services under Section 5-A(2) of Uttar Pradesh Urban Planning and Development Act, 1973.
  2. 2 Whether refusal to reckon past service violates Articles 14 and 16 of the Constitution.

Ratio Decidendi

Respondents deputed from U.P. Jal Nigam to Development Authorities were not entitled to have their past Jal Nigam service reckoned for seniority upon absorption in the centralized services, as Rule 7 of the Uttar Pradesh Development Authorities Centralised Services Rules, 1985 did not apply, and their acceptance of absorption subject to stated conditions precludes later claims to seniority based on previous service.

Court Disposition

Appeals allowed; High Court judgment set aside.

Orders

  • High Court judgment dated 4.4.2003 is set aside.
  • Respondents not entitled to benefit of past service rendered in U.P. Jal Nigam for seniority.