Supreme Court · 2013 INSC 548 · Decided 21 August 2013

State of Uttar Pradesh & Others v. Ashok Kumar Srivastava & ANR.

Court
Supreme Court of India
Citation
2013 INSC 548 · [2013] 11 S.C.R. 846
Case number
CIVIL APPEAL No. 6967/2013
Decided
21 August 2013
Bench
ANIL R. DAVE, DIPAK MISRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 14

Headnote

SeNice Law: c Seniority- Date of seniority- Seniority granted w.e.f. the date of promotional order - The promotee claimed retrospective seniority w.e.f. the date the vacancy had arisen - High Court allowed the claim of the promotee on the grounds that the seNice rules provided to decide seniority of arising of vacancy; and that there has been hostile discrimination against the promotee as other 10 promotees had been accorded seniority w.e.f. the date of arising of vacancy - Held: Conferment of retrospective seniority to the promotee by High Court is not tenable - As per seNice rules the

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