VidhiSangh

Supreme Court of India · 13/12/2019

SIRAJ AHMAD versus STATE OF UTTAR PRADESH & ANR.

[2019] 16 S.C.R. 1131 · 2019 INSC 1367

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that a Junior Engineer selected through an advertised competitive process against a sanctioned post could count uninterrupted service preceding regularisation for promotion. Absence of Public Service Commission concurrence made his appointment irregular, rather than illegal, on these facts. Given the relaxation for engineering graduates and treatment of similarly selected juniors, denial of promotion was set aside and consequential benefits directed.

Issues

  1. Whether absence of Public Service Commission concurrence made the initial appointment illegal and excluded service before regularisation.
  2. Whether the engineer was entitled to promotion from the date his qualified junior was promoted.

Held

Result

Appeal allowed without costs. The High Court judgment and the State’s rejection order of 16 April 2015 were set aside. The appellant was declared entitled to promotion as Assistant Engineer (Civil) from the date his junior possessing B.E./A.M.I.E. was promoted, with all consequential benefits.

Judgment PDF: Supreme Court of India, [2019] 16 S.C.R. 1131.