VidhiSangh

Supreme Court of India · 09/08/2018

KUMAR SINGH & ANR. versus THE STATE OF UTTAR PRADESH & ORS.

[2018] 9 S.C.R. 503 · 2018 INSC 685

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Summary

Direct appointees challenged promotees’ higher seniority as Assistant Engineers because UPPSC consultation had been omitted. The Supreme Court held consultation necessary for these posts but treated the omission as curable irregularity. It directed consultation within two months, preserving each promotee’s seniority position if the Commission’s opinion was favourable.

Issues

  1. Whether omitted UPPSC consultation invalidated the promotees’ appointments and required placement below the direct appointees.
  2. How the irregularity should affect the disputed seniority list.

Provisions considered

Held

Result

Appeals disposed of with directions for UPPSC consultation within two months and consequential treatment of the seniority list according to the Commission’s opinion. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 503.