DR. BAL KRISHNA AGARWAL versus STATE OF UITAR PRADESH AND ORS.

DR. BAL KRISHNA AGARWAL versus STATE OF UITAR PRADESH AND ORS.

Promotion of respondents under Personal Promotion Scheme became legally effective only from 21-2-1985, after relevant statutory amendments. Appellant's service as Professor should be counted from 9-11-1984, whereas respondents' service in cadre begins 21-2-1985. Appellant is therefore senior. High Court erred in dismissing writ petition exclusively on the ground of alternative remedy.

Parties
Appellant: DR. BAL KRISHNA AGARWAL; Respondents: STATE OF UTTAR PRADESH AND ORS.; Respondent 4: Dr. Murli Manohar Joshi; Respondent 5: Dr. P.K. Sharma
Jurisdiction
India
Judgment Date
10 January 1995
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal allowed; High Court judgment set aside; writ petition allowed.
Legal Topics
Seniority of Professors, Personal Promotion Scheme, Direct Recruitment Vs Promotion, Dismissal of Writ Due to Alternative Remedy
Service Law Seniority of Professors Personal Promotion Scheme Direct Recruitment Vs Promotion Dismissal of Writ Due to Alternative Remedy

Case Brief

Summary, issues, holding and outcome

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Parties

DR. BAL KRISHNA AGARWAL

Appellant

STATE OF UTTAR PRADESH AND ORS.

Respondents

Dr. Murli Manohar Joshi

Respondent 4

Dr. P.K. Sharma

Respondent 5

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether seniority of appellant and respondents in the cadre of Professor should be determined based on the date of direct recruitment or promotion under Personal Promotion Scheme.
  2. 2 Whether promotion under Personal Promotion Scheme could legally be effected prior to prescribed length of service and qualifications in Statutes.
  3. 3 Whether dismissal of writ petition by High Court on ground of alternative remedy was justified.

Ratio Decidendi

Promotion of respondents under Personal Promotion Scheme became legally effective only from 21-2-1985, after relevant statutory amendments. Appellant's service as Professor should be counted from 9-11-1984, whereas respondents' service in cadre begins 21-2-1985. Appellant is therefore senior. High Court erred in dismissing writ petition exclusively on the ground of alternative remedy.

Court Disposition

Appeal allowed; High Court judgment set aside; writ petition allowed.

Orders

  • Appellant Dr. Bal Krishna Agarwal to be treated as senior to respondents 4 and 5 as Professor in Physics Department of Allahabad University.
  • No order as to costs.