PAWAN PRATAP SINGH & ORS. versus REEVAN SINGH & ORS.

PAWAN PRATAP SINGH & ORS. versus REEVAN SINGH & ORS.

Seniority between two groups of direct recruits (1991 Selection Commission appointees and 1994 UPPSC appointees) to the post of Deputy Jailor must be determined by the date of substantive appointment as per Rule 8 of the Uttar Pradesh Government Servants Seniority Rules, 1991, and not by the date of commencement of the selection process; thus, 1991 appointees, whose substantive appointment was much earlier, rank senior to 1994 appointees. Seniority cannot be retrospectively given based on vacancy occurrence prior to entry into service unless rules expressly allow.

Parties
Appellant: Pawan Pratap Singh & Ors.; Respondent: Reevan Singh & Ors.; Appellant: State of Uttar Pradesh; Appellant: Deputy Jailors appointed in 1991; Respondent: Deputy Jailors appointed in 1994
Jurisdiction
India
Judgment Date
10 February 2011
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeals allowed
Legal Topics
Seniority, Direct Recruitment, Promotion, Government Servants, Cadre Rules
Service Law Seniority Direct Recruitment Promotion Government Servants Cadre Rules

Case Brief

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Parties

Pawan Pratap Singh & Ors.

Appellant

Reevan Singh & Ors.

Respondent

State of Uttar Pradesh

Appellant

Deputy Jailors appointed in 1991

Appellant

Deputy Jailors appointed in 1994

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Determination of inter se seniority between two groups of direct recruits (1991 appointees by Selection Commission and 1994 appointees by UPPSC) to the post of Deputy Jailor, Uttar Pradesh; Whether the second proviso to Rule 5 or Rule 8 of the Uttar Pradesh Government Servants Seniority Rules, 1991 applies to the dispute; Whether seniority can relate back to a period prior to the date of entry into service/cadre

Ratio Decidendi

Seniority between two groups of direct recruits (1991 Selection Commission appointees and 1994 UPPSC appointees) to the post of Deputy Jailor must be determined by the date of substantive appointment as per Rule 8 of the Uttar Pradesh Government Servants Seniority Rules, 1991, and not by the date of commencement of the selection process; thus, 1991 appointees, whose substantive appointment was much earlier, rank senior to 1994 appointees. Seniority cannot be retrospectively given based on vacancy occurrence prior to entry into service unless rules expressly allow.

Court Disposition

Appeals allowed

Orders

  • The judgment of the High Court is set aside.
  • The writ petition filed by respondent no. 1 in the High Court is dismissed.