MOHAN KARAN versus STATE OF U.P. AND ANR.

MOHAN KARAN versus STATE OF U.P. AND ANR.

Rule 6 of the U.P. Government Servants Seniority Rules, 1991, which bases seniority on the date of entry into the feeding cadre, overrides Rule 7 of the Centralised Services Rules, 1985. Consequently, promotion of the second respondent, who joined the feeding cadre earlier, is valid, and the appellant cannot claim seniority over him for promotion to Chief Town Planner.

Parties
Appellant: Mohan Karan; Respondent: State of U.P.; Respondent No. 2: Devendra Singh
Jurisdiction
India
Judgment Date
18 March 1998
Procedural Posture
Civil Appeal / Supreme Court Judgment Disposing Appeal
Outcome
Appeal dismissed
Legal Topics
Seniority, Promotion, Interpretation of Rules Under U.p. Urban Planning and Development Act, 1973, U.p. Development Authorities Centralised Services Rules, 1985, U.p. Government Servants Seniority Rules, 1991
Service Law Seniority Promotion Interpretation of Rules Under U.p. Urban Planning and Development Act, 1973 U.p. Development Authorities Centralised Services Rules, 1985 U.p. Government Servants Seniority Rules, 1991

Case Brief

Summary, issues, holding and outcome

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Parties

Mohan Karan

Appellant

State of U.P.

Respondent

Devendra Singh

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Judgment Disposing Appeal

Legal Issues

  1. 1 Which rules govern seniority for promotion among government servants under the U.P. Urban Planning and Development Act, 1973 and related rules?
  2. 2 Whether Rule 6 of the U.P. Government Servants Seniority Rules, 1991 overrides Rule 7 of the Centralised Services Rules, 1985 in determining seniority for promotion.

Ratio Decidendi

Rule 6 of the U.P. Government Servants Seniority Rules, 1991, which bases seniority on the date of entry into the feeding cadre, overrides Rule 7 of the Centralised Services Rules, 1985. Consequently, promotion of the second respondent, who joined the feeding cadre earlier, is valid, and the appellant cannot claim seniority over him for promotion to Chief Town Planner.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court is sustained. No order as to costs.