DEEPAK AGARWAL & ANR. versus STATE OF UTTAR PRADESH & ORS.

DEEPAK AGARWAL & ANR. versus STATE OF UTTAR PRADESH & ORS.

Vacancies arising prior to the amendment are not required to be filled under the old rules unless the applicant has acquired a right to be considered for promotion which accrues on the date of consideration, not the date of vacancy. Since consideration for promotion took place after the amendment excluding Technical Officer and Statistical Officer posts, appellants' right to be considered was lost, and no accrued or vested right was taken away. The policy decision to abolish these feeder streams was valid and not arbitrary; mere upgradation of posts does not fully compensate for lost promotional opportunity.

Parties
Appellant: Deepak Agarwal; Appellant: Jogendra Singh; Respondent: State of Uttar Pradesh; Respondent: Respondents 3 to 9
Jurisdiction
India
Judgment Date
31 March 2011
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Allahabad High Court Dismissing Writ Petition
Outcome
Appeal dismissed
Legal Topics
Promotion, Recruitment by Promotion, Amendment of Service Rules, Accrued Rights, Feeder Cadre, Stagnation, Upgradation
Service Law Constitutional Law Administrative Law Promotion Recruitment by Promotion Amendment of Service Rules Accrued Rights Feeder Cadre +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Deepak Agarwal

Appellant

Jogendra Singh

Appellant

State of Uttar Pradesh

Respondent

Respondents 3 to 9

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Allahabad High Court Dismissing Writ Petition

Legal Issues

  1. 1 Whether vacancies arising prior to the amendment dated 17.5.1999 to Uttar Pradesh Excise Group 'A' Service Rules, 1983 should be filled under the old rules or the amended rules
  2. 2 Whether exclusion of Technical Officer and Statistical Officer as feeder streams for promotion to Deputy Excise Commissioner violates accrued rights or is arbitrary
  3. 3 Whether mere upgradation of posts compensates for loss of promotional avenues

Ratio Decidendi

Vacancies arising prior to the amendment are not required to be filled under the old rules unless the applicant has acquired a right to be considered for promotion which accrues on the date of consideration, not the date of vacancy. Since consideration for promotion took place after the amendment excluding Technical Officer and Statistical Officer posts, appellants' right to be considered was lost, and no accrued or vested right was taken away. The policy decision to abolish these feeder streams was valid and not arbitrary; mere upgradation of posts does not fully compensate for lost promotional opportunity.

Court Disposition

Appeal dismissed

Orders

  • Impugned judgment of Allahabad High Court affirmed
  • No order as to costs