STATE OF U.P. AND ANR. versus LALSARAM

STATE OF U.P. AND ANR. versus LALSARAM

Where promotion is made only on the ground of seniority without assessment of the entire career, adverse entries in the service record, even those prior to promotion, do not lose their sting and may be relied upon for compulsory retirement in public interest under Rule 56(c) of the U.P. Fundamental Rules. Courts should not interfere unless the order is mala fide, without basis, or perverse.

Parties
Appellant: State of U.P. and Anr.; Respondent: Lalsa Ram
Jurisdiction
India
Judgment Date
23 February 2001
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of Allahabad High Court in C.m.wp. No. 20567 of 1998
Outcome
Appeal allowed
Legal Topics
Compulsory Retirement, Seniority Vs. Merit Based Promotion, Adverse Entries in Service Record, U.p. Fundamental Rules – Rule 56(c) and 56(2)
Service Law Compulsory Retirement Seniority Vs. Merit Based Promotion Adverse Entries in Service Record U.p. Fundamental Rules – Rule 56(c) and 56(2)

Case Brief

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Parties

State of U.P. and Anr.

Appellant

Lalsa Ram

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of Allahabad High Court in C.m.wp. No. 20567 of 1998

Legal Issues

  1. 1 Whether adverse entries in the service record prior to promotion can form the basis for compulsory retirement when promotion to a higher post is granted on the basis of seniority only and not on merit.
  2. 2 Whether the order of compulsory retirement under Rule 56(c) of the U.P. Fundamental Rules is valid where old adverse entries were considered and not wiped out by promotion.

Ratio Decidendi

Where promotion is made only on the ground of seniority without assessment of the entire career, adverse entries in the service record, even those prior to promotion, do not lose their sting and may be relied upon for compulsory retirement in public interest under Rule 56(c) of the U.P. Fundamental Rules. Courts should not interfere unless the order is mala fide, without basis, or perverse.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside and quashed.
  • No order as to costs.