VidhiSangh

Supreme Court of India · 16/01/2023

SUSHIL PANDEY & ANR versus STATE OF U.P.THR. PRINCIPAL SECRETARY (HOME) & ORS

[2023] 3 S.C.R. 207 · 2023 INSC 40

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Summary

Promotees and direct recruits were selected through a common requisition as Assistant Radio Officers in the U.P. Police Radio Department. The promotees were appointed months before the direct recruits. In 2012 the High Court had found that appointing them without a combined selection list breached Rules 17 and 22 of the 1979 Rules, and that finding had become final. The 2013 list ranked candidates by quota and rota against the vacancy year. The Supreme Court held that a selection list fills vacancies but does not fix seniority, which depends on entry into the cadre. To end a three-decade dispute, it used Article 142 to treat both streams as entering the cadre on 30.01.1996 and directed seniority to be recast, without disturbing benefits already enjoyed.

Issues

  1. How the inter se seniority of promotee and direct recruit Assistant Radio Officers, selected through a common requisition but appointed on different dates in breach of Rule 17 of the U.P. Police Radio Service Rules, 1979, is to be determined.

Provisions considered

Held

Result

Civil Appeal No. 1838 of 2018 disposed of; the Allahabad High Court (Lucknow Bench) judgment dated 22.07.2014 in S.B. No. 1619 of 2013 modified, with seniority directed to be recast treating both streams as entering the cadre on 30.01.1996; no costs.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 207.