ASHOK KUMAR SHRIVASTAVA.AND ORS. versus RAM LAL AND OTHERS

ASHOK KUMAR SHRIVASTAVA.AND ORS. versus RAM LAL AND OTHERS

The appointments made in 1987 on the basis of the Limited Departmental Examination, pursuant to the withdrawal of 97 posts from the purview of the Public Service Commission, must be held to be substantive appointments from the date of initial appointment and not ad hoc appointments, and the seniority list of Trade...

Source-derived case information.

Parties
Appellant: Ashok Kumar Shrivastava and others; Respondent: Ram Lal and others
Jurisdiction
India
Judgment Date
08 January 2008
Procedural Posture
Civil Appeal / Final Judgment on Appeals From High Court Judgment
Outcome
Appeals allowed. Impugned High Court order set aside as to the writ petitions; seniority list to be revised.
Legal Topics
Seniority, Appointments, Public Service Commission, Substantive Appointment, Regularisation of Service
Service Law Constitutional Law Seniority Appointments Public Service Commission Substantive Appointment Regularisation of Service

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Summary, issues, holding and outcome

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Parties

Ashok Kumar Shrivastava and others

Appellant

Ram Lal and others

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeals From High Court Judgment

Legal Issues

  1. 1 Whether the State Government was entitled to withdraw 97 posts from the purview of the U.P. Public Service Commission for direct recruitment
  2. 2 Whether appointments to the withdrawn posts were ad hoc or substantive and entitled to seniority from initial appointment
  3. 3 Whether the appointments of 1987 through Limited Departmental Examination should be treated as regular/substantive for purposes of seniority

Ratio Decidendi

The appointments made in 1987 on the basis of the Limited Departmental Examination, pursuant to the withdrawal of 97 posts from the purview of the Public Service Commission, must be held to be substantive appointments from the date of initial appointment and not ad hoc appointments, and the seniority list of Trade Tax Officers Grade II should be revised accordingly.

Court Disposition

Appeals allowed. Impugned High Court order set aside as to the writ petitions; seniority list to be revised.

Orders

  • Respondent-authorities are directed to treat 1987 appointees who had been appointed on the basis of Limited Departmental Examination to have been substantively appointed at the time of their initial appointment in 1987.
  • Seniority list pertaining to Trade Tax Officer, Grade II, to be revised accordingly.