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U.P. Secretariat U.D.A. Asson. v. State of U P

Supreme Court of India · 27 January 1997 · [1997] 1 S.C.R. 586

Court
Supreme Court of India
Decided
27 January 1997
Case no.
SLP(C) No. 25086 of 1996
Reported as
[1997] 1 S.C.R. 586
Result
Dismissed
Bench
K. Ramaswamy, G.T. Nanavati
Length
2 pages
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PETITIONER:
U.P. SECRETARIAT U.D.A. ASSOCIATIONTHROUGH ITS JOINT SECRETA
Vs.
RESPONDENT:
STATE OF UTTAR PRADESH & ORS.
DATE OF JUDGMENT: 27/01/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI

ACT

HEADNOTE

JUDGMENT

ORDER

This special leave petition has been filed against the order of the Division Bench of the Allahabad High Court, made on July 2, 1996 in Writ Petition No. 6200/93. When the direct recruits had filed the special leave petition, this Court by order dated November 20, 1996 dismissed the same. Shri Gopal Subramaniam, learned senior counsel for the petitioners, who are now promote U.D.C. in the U.P. Secretariat Service contends that the learned Judges have given their reasoning at pages 58 and 59 thus:

"from the aforesaid decisions of

Hon’ble Supreme Court, it is

evident that the initial

appointment of the promoters on

officiating basis were not in

accordance with the Rules, 1942,

rather it de hors the rules.

Contention of the petitioner that

the quota as envisaged in Rule 21

of Rules 1942, has broken down or

collapsed simply for the reason

that due to certain administrative

difficulties neither the selection

for direct recruit nor the

selection by promotion against the

vacancies took place in the

selection years with effect from

1971 to 1978, and hence according

to the decision of Hon’ble Supreme

Court in O.P. Singhl vs. Union of

India [(1994) 4 SCC 450] and Direct

Recruit Class II Officers’ Case

(supra), the petitioners

(promotees) should not be pushed

down before the appointees from the

other sources inducted into the

service one later date (proposition

E of the Direct Recruit Class II

case (supra), appears to be

misconceived. Petitioners, were not

at all prejudiced because of non-

selection during the for said

period for the reasons that the

direct recruitment also did not

take place during the aforesaid

period and that the petitioners in

accordance with the seniority on

the post of L.D.A. were given

officiating promotion on the post

of U.D.A. against the vacancies

existing in their quota or

otherwise. In view of the aforesaid

position, it cannot be said that

the quota rule, as envisaged, under

rule 21 of Rules 1942 has collapsed

down."

The above reasoning is not correct for the reason that during the relevant period neither direct recruitment nor promotions were made in accordance with the rules. As a consequence, since the promotees have been continuously officiating on the posts they are entitled to be put back to the date from which they have been continuously officiating on the ground that rule of quota has broken down. We find no force in the contention. From the judgment of the Constitution bench of this Court in Direct Recruit Class II Engineering Officers’ Association vs. State of Maharashtra & Ors. [(1990) 2 SCC 715], it is now settled law that merely because temporary appointment or promotion came to be made, seniority cannot be counted from the date of officiation except when the appointment was made in accordance with rules. Though appointment is temporary, if it was made in accordance with rules and to a substantive vacancy, seniority will be counted from the date of temporary promotion. Necessarily, the quota and rota require to be maintained so as to give effect to the object envisaged under the Rules. Mere inaction cannot be made the ground to contend the that quota rule was broken down. It is not in dispute that appointments have been made in officiating capacity against the vacancies reserved for direct recruitment though no recruitment had taken place. They are not according to Rules and within quota. The Division Bench, therefore, has rightly held that the direct recruit is to be treated from the date on which he actually joined the service, though vacancies did exist prior to that. As a consequence, the promotees are also required to be fitted into the service from the date when they are entitled to fitment in accordance with quota prescribed under the Rules. The Division Bench, therefore, has rightly defined to grant the relief to the petitioners.

The special leave petition is accordingly dismissed.

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