NARENDRA NATH SINHA versus STATE OF U.P. AND ORS.

NARENDRA NATH SINHA versus STATE OF U.P. AND ORS.

The appellant’s promotion and confirmation as Executive Engineer, effected prior to the filing of the writ petition, were not quashed, and his accrued rights shall continue, with the Government to work out his entitlements accordingly.

Parties
Appellant: Narendra Nath Sinha; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
05 December 1995
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in W.p. No. 2447 of 1980
Outcome
Appeal disposed of
Legal Topics
Seniority, Promotion, Confirmation, Writ Jurisdiction
Service Law Seniority Promotion Confirmation Writ Jurisdiction

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 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Narendra Nath Sinha

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Allahabad High Court in W.p. No. 2447 of 1980

Legal Issues

  1. 1 Whether the rights accrued to appellant prior to filing of writ petition continue despite High Court orders.
  2. 2 Effect of High Court judgment on confirmation or substantive promotion made prior to writ petition.

Ratio Decidendi

The appellant’s promotion and confirmation as Executive Engineer, effected prior to the filing of the writ petition, were not quashed, and his accrued rights shall continue, with the Government to work out his entitlements accordingly.

Court Disposition

Appeal disposed of

Orders

  • Appellant's accrued rights prior to the date of writ petition continue to be available.
  • Government to work out the rights of the appellant accordingly.