RAM SEWAK PRASAD versus STATE OF U.P. AND ORS

RAM SEWAK PRASAD versus STATE OF U.P. AND ORS

Under the 1983 rules, the petitioner is eligible for substantive appointment as Excise Inspector by way of promotion with effect from February 24, 1972, and is entitled to have seniority counted from this date. The earlier exclusion of Excise Sub-Inspectors from the promotion channel was arbitrary; accordingly, petitioner is entitled to be considered for further promotions ahead of juniors, but existing promotions of others will not be disturbed.

Parties
Petitioner: Ram Sewak Prasad; Respondent: State of U.P.; Respondent: Ram Dhan; Respondent: Raghubir Singh
Jurisdiction
India
Judgment Date
11 July 1991
Procedural Posture
Writ Petition (civil) No. 13704 of 1983 / Original Jurisdiction; Final Decision
Outcome
Petition allowed.
Legal Topics
Seniority, Promotion, Interpretation of Service Rules, Articles 14 and 16 of the Constitution
Service Law Constitutional Law Seniority Promotion Interpretation of Service Rules Articles 14 and 16 of the Constitution

Case Brief

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Parties

Ram Sewak Prasad

Petitioner

State of U.P.

Respondent

Ram Dhan

Respondent

Raghubir Singh

Respondent

Procedural Posture

Writ Petition (civil) No. 13704 of 1983 / Original Jurisdiction; Final Decision

Legal Issues

  1. 1 Whether Excise Sub-Inspectors appointed on ad hoc basis are entitled to claim seniority and promotion over later appointees
  2. 2 Whether denial of promotion avenue to Excise Sub-Inspectors under the 1967 rules was arbitrary and violative of Articles 14 and 16
  3. 3 Whether the petitioner is entitled to be considered for substantive appointment and seniority under the 1983 rules

Ratio Decidendi

Under the 1983 rules, the petitioner is eligible for substantive appointment as Excise Inspector by way of promotion with effect from February 24, 1972, and is entitled to have seniority counted from this date. The earlier exclusion of Excise Sub-Inspectors from the promotion channel was arbitrary; accordingly, petitioner is entitled to be considered for further promotions ahead of juniors, but existing promotions of others will not be disturbed.

Court Disposition

Petition allowed.

Orders

  • Petitioner to be deemed appointed as substantive Excise Inspector under 1983 rules from February 24, 1972.
  • Petitioner to have entire service as Excise Inspector counted for seniority.