RAJENDRA KUMAR AGRAWAL versus STATE OF U.P. & ORS.

RAJENDRA KUMAR AGRAWAL versus STATE OF U.P. & ORS.

The power of relaxation under applicable Regulations was always available and was exercised within permissible limits for valid reasons. The High Court erred in treating relaxation as retrospective amendment or malafide. The Parishad and State Government are to expedite selection of the most eligible candidate for the post of Chief Engineer.

Parties
Appellant: Rajendra Kumar Agrawal; Respondent: State of U.P.; Respondent: U.P. Avas Evam Vikas Parishad; Respondent: Anil Kumar Jain; Respondent: Narsingh Prasad; Respondent: Gyanendra Singh
Jurisdiction
India
Judgment Date
23 September 2014
Procedural Posture
Civil Appeal / Final Judgment/appeal Decision
Outcome
Appeals allowed (for Rajendra Kumar Agrawal); High Court judgment set aside; Appeal by Narsingh Prasad dismissed;
Legal Topics
Promotion in Public Service, Relaxation of Eligibility Conditions, Retrospective Amendment, Malafide Exercise of Power
Administrative Law Service Law Promotion in Public Service Relaxation of Eligibility Conditions Retrospective Amendment Malafide Exercise of Power

Case Brief

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Parties

Rajendra Kumar Agrawal

Appellant

State of U.P.

Respondent

U.P. Avas Evam Vikas Parishad

Respondent

Anil Kumar Jain

Respondent

Narsingh Prasad

Respondent

Gyanendra Singh

Respondent

Procedural Posture

Civil Appeal / Final Judgment/appeal Decision

Legal Issues

  1. 1 Whether regular promotion to the post of Chief Engineer could proceed after Supreme Court's judgment dated 27.4.2012
  2. 2 Whether relaxation of minimum qualifying service under Regulation 20 is permissible and whether it amounted to retrospective amendment of rules or malafide exercise

Ratio Decidendi

The power of relaxation under applicable Regulations was always available and was exercised within permissible limits for valid reasons. The High Court erred in treating relaxation as retrospective amendment or malafide. The Parishad and State Government are to expedite selection of the most eligible candidate for the post of Chief Engineer.

Court Disposition

Appeals allowed (for Rajendra Kumar Agrawal); High Court judgment set aside; Appeal by Narsingh Prasad dismissed;

Orders

  • The Parishad and State Government are directed to expedite the process of selection and fill up the vacant post of Chief Engineer as per law within eight weeks.
  • No order as to costs.