YOGESH CHANDRA JOSHI versus STATE OF U.P. AND ORS.

YOGESH CHANDRA JOSHI versus STATE OF U.P. AND ORS.

Creation of post of Finance Officer in 1978 did not require prior approval of State Government as it was governed by unamended Section 27. Promotion in 1986, though under amended Section 27, did not require prior approval since no rules or orders specified such requirement. The reversion order was invalid.

Parties
Appellant: Yogesh Chandra Joshi; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
02 September 1998
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Creation of Posts, Promotion, Prior Approval of State Government, Section 27 U.p. Water Supply and Sewerage Act, 1975
Service Law Creation of Posts Promotion Prior Approval of State Government Section 27 U.p. Water Supply and Sewerage Act, 1975

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Parties

Yogesh Chandra Joshi

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether prior approval of State Government was required for creation of post prior to the amendment of Section 27 in 1983.
  2. 2 Whether promotion to Finance Officer post required prior approval of State Government under amended Section 27.
  3. 3 Validity of reversion order of appellant to Accounts Officer.

Ratio Decidendi

Creation of post of Finance Officer in 1978 did not require prior approval of State Government as it was governed by unamended Section 27. Promotion in 1986, though under amended Section 27, did not require prior approval since no rules or orders specified such requirement. The reversion order was invalid.

Court Disposition

Appeal allowed

Orders

  • Order of State Government dated 18.9.1992 set aside
  • Order of Jal Sansthan dated 28.9.1992 set aside