U.P. STATE ELECTRICITY BOARD, LUCKNOW versus P.L. KELKAR, ETC. ETC.

U.P. STATE ELECTRICITY BOARD, LUCKNOW versus P.L. KELKAR, ETC. ETC.

Seniority for directly recruited engineers should be fixed according to the number of advance increments given at the time of recruitment, regardless of whether prior service was in U.P./Central Government departments or other organizations; the amendment acts as a limited proviso and does not exclude the benefit for those from other sources.

Parties
Appellant: U.P. State Electricity Board, Lucknow; Respondent: P.L. Kelkar
Jurisdiction
India
Judgment Date
07 May 1987
Procedural Posture
Civil Appeal, Special Leave Petition, Writ Petition / Final Decision by Supreme Court on Appeals and Petitions Against the Allahabad High Court Judgment
Outcome
Appeal, Special Leave Petition, and Writ Petition dismissed; High Court and Tribunal orders upheld.
Legal Topics
Seniority Determination, Service Regulations, Advance Increments, Seniority List, Interpretation of Service Rules
Service Law Administrative Law Seniority Determination Service Regulations Advance Increments Seniority List Interpretation of Service Rules

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Parties

U.P. State Electricity Board, Lucknow

Appellant

P.L. Kelkar

Respondent

Procedural Posture

Civil Appeal, Special Leave Petition, Writ Petition / Final Decision by Supreme Court on Appeals and Petitions Against the Allahabad High Court Judgment

Legal Issues

  1. 1 Whether advance increments granted at the time of direct recruitment should be counted for seniority under Regulation 7(iv)(b) of the U.P. State Electricity Board Service of Engineers (Integration and Seniority) Regulations, 1976, as amended.

Ratio Decidendi

Seniority for directly recruited engineers should be fixed according to the number of advance increments given at the time of recruitment, regardless of whether prior service was in U.P./Central Government departments or other organizations; the amendment acts as a limited proviso and does not exclude the benefit for those from other sources.

Court Disposition

Appeal, Special Leave Petition, and Writ Petition dismissed; High Court and Tribunal orders upheld.

Orders

  • Seniority to be fixed in accordance with the number of increments (excluding two original increments) for all directly recruited engineers.
  • No order as to costs.