V.K. SRIVASTAVA & ORS. versus GOVT. OF U.P. & ANR.

V.K. SRIVASTAVA & ORS. versus GOVT. OF U.P. & ANR.

The Supreme Court held that the selection and appointment to Uttar Pradesh Higher Judicial Service for 2008 were made in compliance with the amended Rules as per All India Judges’ Association decision. Vacancies prior to 2002 were rightly filled as per old rules, post-2002 vacancies by amended rules; retrospective application did not prejudice petitioners and selection lists complied with directions.

Parties
Petitioner: V.K. Srivastava & Ors.; Respondent: Govt. of U.P. & Anr.
Jurisdiction
India
Judgment Date
04 September 2008
Procedural Posture
Writ Petition (civil) / Supreme Court Decision on Merits
Outcome
Writ petitions and interlocutory applications disposed of; WP(C)No.36/2008 dismissed as withdrawn; remaining petitions and applications dismissed, no merit found.
Legal Topics
Judicial Service Recruitment, Retrospective Application of Rules, Promotion and Seniority
Service Law Constitutional Law Judicial Service Recruitment Retrospective Application of Rules Promotion and Seniority

Case Brief

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Parties

V.K. Srivastava & Ors.

Petitioner

Govt. of U.P. & Anr.

Respondent

Procedural Posture

Writ Petition (civil) / Supreme Court Decision on Merits

Legal Issues

  1. 1 Whether amended Uttar Pradesh Higher Judicial Service Rules, 2007, could be applied retrospectively for filling vacancies prior to 21.3.2002.
  2. 2 Whether the retrospective application of amended rules prejudiced vested rights of petitioners regarding promotion.
  3. 3 Whether proper compliance with All India Judges' Association directions and the new recruitment modalities occurred.

Ratio Decidendi

The Supreme Court held that the selection and appointment to Uttar Pradesh Higher Judicial Service for 2008 were made in compliance with the amended Rules as per All India Judges’ Association decision. Vacancies prior to 2002 were rightly filled as per old rules, post-2002 vacancies by amended rules; retrospective application did not prejudice petitioners and selection lists complied with directions.

Court Disposition

Writ petitions and interlocutory applications disposed of; WP(C)No.36/2008 dismissed as withdrawn; remaining petitions and applications dismissed, no merit found.

Orders

  • WP(C)No.36/2008 permitted to be withdrawn, dismissed without prejudice to seniority claims.
  • W.P.(C)Nos.206/2007, 236/2007, 295/2007 & I.A.No.1 in I.A. No.204/2007 disposed of, no merit found.