UNION OF INDIA versus S.S. UPPAL AND ANR.

UNION OF INDIA versus S.S. UPPAL AND ANR.

The year of allotment and seniority in the IAS must be determined according to the seniority rules in force at the time of appointment, not the time of vacancy; mere inclusion in the select panel does not give a right to appointment. Revised rules that came into force before the actual appointment are applicable.

Parties
Appellant: Union of India; Respondent No. 1: S.S. Uppal; Respondent No. 2: Another Respondent
Jurisdiction
India
Judgment Date
09 January 1996
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Central Administrative Tribunal, Jabalpur in O.a. No. 310 of 1994
Outcome
Appeal allowed
Legal Topics
Seniority Determination in Indian Administrative Service, Retrospective Effect of Amended Rules, Appointment Under Quota for Non State Civil Service Officers
Service Law Seniority Determination in Indian Administrative Service Retrospective Effect of Amended Rules Appointment Under Quota for Non State Civil Service Officers

Case Brief

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Parties

Union of India

Appellant

S.S. Uppal

Respondent No. 1

Another Respondent

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Central Administrative Tribunal, Jabalpur in O.a. No. 310 of 1994

Legal Issues

  1. 1 Whether seniority in the IAS is to be determined as per the rules in force on the date of occurrence of vacancy or on the date of appointment to the service.
  2. 2 Whether weightage in seniority can be given retrospective effect not provided in the rules.
  3. 3 Whether mere inclusion of a candidate in a select panel confers right to appointment.

Ratio Decidendi

The year of allotment and seniority in the IAS must be determined according to the seniority rules in force at the time of appointment, not the time of vacancy; mere inclusion in the select panel does not give a right to appointment. Revised rules that came into force before the actual appointment are applicable.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the Central Administrative Tribunal, Jabalpur dated 12.1.1995 is set aside.
  • Each party to bear its own costs.