STATE OF UTTARAKHAND AND ANR versus RAJENDRA SINGH ARYA AND ANR

STATE OF UTTARAKHAND AND ANR versus RAJENDRA SINGH ARYA AND ANR

Since the decision in In Re: Suresh Chandra Sharma & Anr. (2002) 1 UPLBEC 18, which was the basis for the High Court's order, has been overruled by the Supreme Court in Uttaranchal Forest Rangers Association (Direct Recruits) and Ors. v. State of Uttar Pradesh and Ors. (2006) 10 SCC 346, the impugned High Court order cannot be sustained and must be set aside. The matter is remitted to the High Court for fresh decision in accordance with the law laid down by the Supreme Court.

Parties
Appellant: State of Uttarakhand; Respondent: Rajendra Singh Arya
Jurisdiction
India
Judgment Date
16 November 2009
Procedural Posture
Civil Appeal / Appeal by Special Leave Against the Judgment of the High Court of Uttaranchal at Nainital in Writ Petition No. 258 (sb) of 2006
Outcome
Appeal partly allowed
Legal Topics
Seniority, Consequential Benefits, Promotion, Writ Petition, Remand
Service Law Seniority Consequential Benefits Promotion Writ Petition Remand

Case Brief

Summary, issues, holding and outcome

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Parties

State of Uttarakhand

Appellant

Rajendra Singh Arya

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against the Judgment of the High Court of Uttaranchal at Nainital in Writ Petition No. 258 (sb) of 2006

Legal Issues

  1. 1 Whether the respondent is entitled to seniority and consequential benefits from the year of allotment by the State Public Service Commission as per the High Court's order relying on In Re: Suresh Chandra Sharma & Anr. v. State of Uttaranchal & Ors.

Ratio Decidendi

Since the decision in In Re: Suresh Chandra Sharma & Anr. (2002) 1 UPLBEC 18, which was the basis for the High Court's order, has been overruled by the Supreme Court in Uttaranchal Forest Rangers Association (Direct Recruits) and Ors. v. State of Uttar Pradesh and Ors. (2006) 10 SCC 346, the impugned High Court order cannot be sustained and must be set aside. The matter is remitted to the High Court for fresh decision in accordance with the law laid down by the Supreme Court.

Court Disposition

Appeal partly allowed

Orders

  • The impugned order is set aside.
  • The matter is remitted to the High Court for fresh decision in accordance with law, considering the Supreme Court's judgment in Uttaranchal Forest Rangers Association (Direct Recruits) and Ors. v. State of Uttar Pradesh and Ors. (2006) 10 SCC 346.