P.D. AGGARWAL & ORS. versus STATE OF U.P. & ORS.

P.D. AGGARWAL & ORS. versus STATE OF U.P. & ORS.

The impugned amendments to the U.P. Service of Engineers Rules, 1969 and 1971, are arbitrary, irrational, and unreasonable as they retrospectively deprive Assistant Engineers substantively appointed to temporary posts of their vested right to have seniority reckoned from the date of substantive appointment,...

Source-derived case information.

Parties
Appellant: P.D. Aggarwal & Ors.; Respondent: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
08 June 1987
Procedural Posture
Civil Appeal / Appeal Against Allahabad High Court Judgment and Order Dated 14.1.1982
Outcome
Appeals dismissed; Allahabad High Court judgment affirmed.
Legal Topics
Seniority Determination, Retrospective Amendments, Administrative Instructions Vs Statutory Rules, Promotion Criteria, Equality and Non Discrimination
Constitutional Law Service Law Seniority Determination Retrospective Amendments Administrative Instructions Vs Statutory Rules Promotion Criteria Equality and Non Discrimination

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Parties

P.D. Aggarwal & Ors.

Appellant

State of U.P. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Allahabad High Court Judgment and Order Dated 14.1.1982

Legal Issues

  1. 1 Whether rr. 3(c), 5, 6 and 23 of U.P. Service of Engineers (Buildings and Roads Branch) Rules as amended in 1969 and 1971 are valid in determining seniority
  2. 2 Whether rights vested under the 1936 Rules can be retrospectively overridden
  3. 3 Whether amendments violate Arts. 14 and 16 of the Constitution

Ratio Decidendi

The impugned amendments to the U.P. Service of Engineers Rules, 1969 and 1971, are arbitrary, irrational, and unreasonable as they retrospectively deprive Assistant Engineers substantively appointed to temporary posts of their vested right to have seniority reckoned from the date of substantive appointment, violating Articles 14 and 16 of the Constitution.

Court Disposition

Appeals dismissed; Allahabad High Court judgment affirmed.

Orders

  • Impugned seniority lists dated 29.7.1980, 18.12.1980 and 19.12.1980 quashed.
  • Rules 3(c), 5, and 6 of 1969 and Rule 23 of 1971 quashed.