D.R. YADAV AND ANR. versus R.K. SINGH AND ANR.

D.R. YADAV AND ANR. versus R.K. SINGH AND ANR.

Seniority after absorption in U.P. Centralised Services must be determined based on statutory rules (1985 Rules), and only legally created posts borne on cadre or similar posts qualify; ad hoc promotion to non-existent posts confers no seniority; thus, appellants' seniority is governed by date of initial appointment as Assistant Engineer, and High Court order is upheld.

Parties
Appellant: D.R. Yadav; Respondent: R.K. Singh
Jurisdiction
India
Judgment Date
18 July 2003
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court Judgment Dated 23.5.2002 in W.p. No. 1780/2000 and 195/2001
Outcome
Appeals dismissed; High Court order upheld
Legal Topics
Seniority Fixation, Absorption of Government Employees, Interpretation of Statutory Rules, Article 309 Proviso, Cadre Determination
Service Law Constitutional Law Seniority Fixation Absorption of Government Employees Interpretation of Statutory Rules Article 309 Proviso Cadre Determination

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 11 Party arguments 2
Sign in to unlock

Parties

D.R. Yadav

Appellant

R.K. Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court Judgment Dated 23.5.2002 in W.p. No. 1780/2000 and 195/2001

Legal Issues

  1. 1 Which rules govern seniority fixation for employees absorbed from different authorities in U.P. Centralised Services?
  2. 2 Do ad hoc promotions on non-existent posts confer seniority rights?
  3. 3 Does Article 309 proviso allow general rules to operate when special statutory rules exist?

Ratio Decidendi

Seniority after absorption in U.P. Centralised Services must be determined based on statutory rules (1985 Rules), and only legally created posts borne on cadre or similar posts qualify; ad hoc promotion to non-existent posts confers no seniority; thus, appellants' seniority is governed by date of initial appointment as Assistant Engineer, and High Court order is upheld.

Court Disposition

Appeals dismissed; High Court order upheld

Orders

  • Seniority of claimants to be fixed based on statutory rules; promotions granted to juniors to be reevaluated; State Government directed to comply within three months; parties to bear own costs