P.K. DIXIT AND ORS. versus STATE OF U.P. & ORS.

P.K. DIXIT AND ORS. versus STATE OF U.P. & ORS.

Seniority of promoted officers in Higher Judicial Service prior to coming into force of 1975 rules must be determined from date of their probation/officiation and confirmation should be from the date of available vacancy, not arbitrarily fixed; all vacancies prior to rules to be filled by promotion and continuous officiation considered as period of probation, with a maximum of three years for seniority purposes.

Parties
Petitioner: P.K. Dixit and Ors.; Respondent: State of U.P. & Ors.; Respondent: State of U.P.; Intervenor: Intervenor
Jurisdiction
India
Judgment Date
08 October 1987
Procedural Posture
Writ Petition (civil) Nos. 11788–11796 of 1984 / Original Jurisdiction
Outcome
Petitions partly allowed
Legal Topics
Seniority Determination, Judicial Service Appointments, Confirmation and Probation, Rules on Promotion and Direct Recruitment
Service Law Constitutional Law Seniority Determination Judicial Service Appointments Confirmation and Probation Rules on Promotion and Direct Recruitment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

P.K. Dixit and Ors.

Petitioner

State of U.P. & Ors.

Respondent

State of U.P.

Respondent

Intervenor

Intervenor

Procedural Posture

Writ Petition (civil) Nos. 11788–11796 of 1984 / Original Jurisdiction

Legal Issues

  1. 1 Whether seniority of promoted officers should be determined from date of their continuous officiation or from an arbitrarily fixed date by High Court.
  2. 2 Whether officiating period should be treated as period of probation for confirming officers in Higher Judicial Service.
  3. 3 Principles for confirmation and seniority determination for posts abolished and filled by promotion before coming into force of U.P. Higher Judicial Service Rules, 1975.

Ratio Decidendi

Seniority of promoted officers in Higher Judicial Service prior to coming into force of 1975 rules must be determined from date of their probation/officiation and confirmation should be from the date of available vacancy, not arbitrarily fixed; all vacancies prior to rules to be filled by promotion and continuous officiation considered as period of probation, with a maximum of three years for seniority purposes.

Court Disposition

Petitions partly allowed

Orders

  • High Court to examine afresh posts available as of 10th May 1974 plus thirty-one posts, and fill them only by promotees.
  • High Court to prepare afresh seniority list in accordance with Rules and notify it for objections.