DHARMENDRA PRASAD & ORS. versus SUNIL KUMAR & ORS.

DHARMENDRA PRASAD & ORS. versus SUNIL KUMAR & ORS.

Seniority of Junior Engineers should be determined by merit as per roster points set out in the Government Circular dated 31st August, 2001, and not merely by date of appointment; Regulations must be interpreted harmoniously and appointments must comply with statutory provisions and government orders.

Parties
Appellant: Dharmendra Prasad & Ors.; Respondent: Sunil Kumar & Ors.
Jurisdiction
India
Judgment Date
06 December 2019
Procedural Posture
Civil Appeal / Final Disposition From Supreme Court
Outcome
Appeals allowed; High Court and Tribunal orders set aside; final seniority list set aside
Legal Topics
Seniority Determination, Reservation Policy, Statutory Regulations, Appointment of Statutory Body Employees
Service Law Seniority Determination Reservation Policy Statutory Regulations Appointment of Statutory Body Employees

Case Brief

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Parties

Dharmendra Prasad & Ors.

Appellant

Sunil Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition From Supreme Court

Legal Issues

  1. 1 Whether seniority of Junior Engineers in Uttarakhand Pey Jal Nigam should be determined by date of appointment or by merit as per Regulations and applicable government orders
  2. 2 Applicability of Regulation 6, 20, and 23 of Uttar Pradesh Jal Board Subordinate Engineering Service Regulations, 1978 and Government Orders

Ratio Decidendi

Seniority of Junior Engineers should be determined by merit as per roster points set out in the Government Circular dated 31st August, 2001, and not merely by date of appointment; Regulations must be interpreted harmoniously and appointments must comply with statutory provisions and government orders.

Court Disposition

Appeals allowed; High Court and Tribunal orders set aside; final seniority list set aside

Orders

  • Respondent No. 5 is directed to recast seniority in order of merit as per roster points given in Circular dated 31st August, 2001
  • Appeals stand disposed of