VIJAY KUMAR SHROTRIYA versus STATE OF U.P AND ORS.

VIJAY KUMAR SHROTRIYA versus STATE OF U.P AND ORS.

Appellant’s seniority in Public Works Department should be reckoned from date of selection and appointment through the combined examination held in 1962, as he was not relieved from Irrigation Department for public purpose and was transferred to PWD; entire service rendered in Irrigation Department post-selection is to be counted for promotion and seniority in PWD.

Parties
Appellant: Vijay Kumar Shrotriya; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
13 February 1998
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Writ Petition by Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Seniority, Transfer, Promotion, Reckoning of Service, Government Policy, Combined Services Examination
Service Law Seniority Transfer Promotion Reckoning of Service Government Policy Combined Services Examination

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 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Vijay Kumar Shrotriya

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Writ Petition by Allahabad High Court

Legal Issues

  1. 1 Whether appellant is entitled to benefit of earlier service rendered in Irrigation Department for promotion and seniority in Public Works Department.
  2. 2 Whether the period of service in Irrigation Department should be reckoned in computing seniority in PWD.

Ratio Decidendi

Appellant’s seniority in Public Works Department should be reckoned from date of selection and appointment through the combined examination held in 1962, as he was not relieved from Irrigation Department for public purpose and was transferred to PWD; entire service rendered in Irrigation Department post-selection is to be counted for promotion and seniority in PWD.

Court Disposition

Appeal allowed

Orders

  • Government Order dated 19th August, 1993 and High Court order are quashed.
  • Government to fix seniority of appellant in PWD reckoning service from 1962 combined selection, including period in Irrigation Department.