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Supreme Court of India · 28/07/2021

RASHI MANI MISHRA AND OTHERS versus STATE OF UTTAR PRADESH AND OTHERS

[2021] 6 S.C.R. 435 · 2021 INSC 364

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Summary

The Court held that the Assistant Engineers’ seniority against direct recruits appointed before their regularisation ran from 14 December 1989, rather than their 1985 ad hoc appointments. Rule 7 tied seniority to appointment after selection under the Regularisation Rules, and the original appointment terms expressly excluded a claim to seniority. Narendra Kumar Tripathi was held per incuriam to the relevant extent. The revised 2016 list was quashed and the final 2001 list restored, with consequential effects.

Issues

  1. Whether pre-regularisation ad hoc service counted for seniority against earlier direct recruits.
  2. Whether Narendra Kumar Tripathi controlled despite earlier binding decisions and the complete governing rules.

Provisions considered

Held

Result

All appeals allowed without costs; impugned High Court judgments and revised seniority list quashed, and the 14 December 2001 seniority list restored with consequential effects.

Judgment PDF: Supreme Court of India, [2021] 6 S.C.R. 435.