HARI NANDAN SHARAN BHATNAGAR versus S. N. DIXIT & ANR.

HARI NANDAN SHARAN BHATNAGAR versus S. N. DIXIT & ANR.

All officials of the U.P. Legislative Assembly Secretariat holding posts in the same scale of pay as Upper Division Assistants are eligible for promotion to the post of Superintendent, and selection among them is at the discretion of the appointing authority, with seniority being one factor but not a sole qualification.

Parties
Appellant: HARi NANDAN SHARAN BHATNAGAR; Respondent No. 1: S. N. DIXIT; Respondents: State of Uttar Pradesh, Speaker, Legislative Assembly of the State
Jurisdiction
India
Judgment Date
25 April 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court (second Appeal)
Outcome
Appeal dismissed
Legal Topics
Promotion Rules, Interpretation of Departmental Rules
Service Law Administrative Law Promotion Rules Interpretation of Departmental Rules

Case Brief

Summary, issues, holding and outcome

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Parties

HARi NANDAN SHARAN BHATNAGAR

Appellant

S. N. DIXIT

Respondent No. 1

State of Uttar Pradesh, Speaker, Legislative Assembly of the State

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court (second Appeal)

Legal Issues

  1. 1 Whether appointment to the post of Superintendent was contrary to Rule 7 of the United Provinces Legislative Department Rules
  2. 2 Whether 'grade of superior service assistants' includes all persons working on the same scale of pay

Ratio Decidendi

All officials of the U.P. Legislative Assembly Secretariat holding posts in the same scale of pay as Upper Division Assistants are eligible for promotion to the post of Superintendent, and selection among them is at the discretion of the appointing authority, with seniority being one factor but not a sole qualification.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs