KESHAV DEO AND ANR. versus STATE OF U.P. AND ORS.

KESHAV DEO AND ANR. versus STATE OF U.P. AND ORS.

The seniority of promotee Assistant Engineers who were promoted against quota, in accordance with the applicable rules, is to be counted from the date of their continuous officiation (including ad hoc service), provided their appointment was made in accordance with the prescribed procedure and within quota, even if...

Source-derived case information.

Parties
Appellant: Kesha V Deo; Respondent: State of U.P.; Respondent: Respondent No. 3 (Vishnu Sharma); Respondent: Respondent No. 4 (Vineet Kumar)
Jurisdiction
India
Judgment Date
16 October 1998
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated 22.1.97 of the Allahabad High Court in W.p. No. 684 of 1995
Outcome
Appeal allowed. Judgment of the High Court set aside. Writ Petition filed by Respondents 3 & 4 dismissed.
Legal Topics
Seniority—promotees Vs Direct Recruits, Ad Hoc Appointment and Seniority Determination, Interpretation of U.p. Services of Engineers (building and Roads Branch), Class II Rules, 1936 (amended 1969, 1971)
Service Law Seniority—promotees Vs Direct Recruits Ad Hoc Appointment and Seniority Determination Interpretation of U.p. Services of Engineers (building and Roads Branch), Class II Rules, 1936 (amended 1969, 1971)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kesha V Deo

Appellant

State of U.P.

Respondent

Respondent No. 3 (Vishnu Sharma)

Respondent

Respondent No. 4 (Vineet Kumar)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated 22.1.97 of the Allahabad High Court in W.p. No. 684 of 1995

Legal Issues

  1. 1 Whether appellants are entitled to seniority on post of Assistant Engineers from the date they were officiating/ad hoc or from date of approval by the Commission

Ratio Decidendi

The seniority of promotee Assistant Engineers who were promoted against quota, in accordance with the applicable rules, is to be counted from the date of their continuous officiation (including ad hoc service), provided their appointment was made in accordance with the prescribed procedure and within quota, even if subsequently approved/regularised by the Commission.

Court Disposition

Appeal allowed. Judgment of the High Court set aside. Writ Petition filed by Respondents 3 & 4 dismissed.

Orders

  • Seniority list prepared by the Government pursuant to the directions in Saksena's and Yadav's cases, as published on 11.7.1995, upheld.
  • Respondents' writ petition challenging promotees’ seniority benefit dismissed.