U. P. STATE TOURISM DEVELOPMENT CORPORATION LTD. versus I.B. MISRA AND ORS.

U. P. STATE TOURISM DEVELOPMENT CORPORATION LTD. versus I.B. MISRA AND ORS.

Rule 19 does not permit promotion as a method of appointment to Class I posts, including General Manager. Only selection or deputation are allowed modes under Rule 19. High Court's interpretation introducing promotion is impermissible.

Source-derived case information.

Parties
Appellant: U.P. State Tourism Development Corporation Ltd.; Respondent: I.B. Misra
Jurisdiction
India
Judgment Date
18 January 1995
Procedural Posture
Civil Appeal / Appeal From Allahabad High Court Judgments Dated 24.3.94 and 13.5.94
Outcome
Appeal allowed; writ petition dismissed
Legal Topics
Interpretation of Recruitment Rules, Promotion Vs Selection/deputation, Appointment to Class I Posts
Service Law Interpretation of Recruitment Rules Promotion Vs Selection/deputation Appointment to Class I Posts

Source-derived case record

Summary, issues, holding and outcome

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Parties

U.P. State Tourism Development Corporation Ltd.

Appellant

I.B. Misra

Respondent

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court Judgments Dated 24.3.94 and 13.5.94

Legal Issues

  1. 1 Whether Rule 19 of U.P. State Tourism Development Corporation Rules, 1981 permits promotion as a mode of appointment to Class I posts, specifically the post of General Manager

Ratio Decidendi

Rule 19 does not permit promotion as a method of appointment to Class I posts, including General Manager. Only selection or deputation are allowed modes under Rule 19. High Court's interpretation introducing promotion is impermissible.

Court Disposition

Appeal allowed; writ petition dismissed

Orders

  • Judgment dated March 24, 1994 and order dated May 13, 1994 passed by High Court set aside
  • Writ Petition filed by respondent dismissed