In Brief
The case concerns the seniority of Assistant Engineers in Uttar Pradesh Development Authorities between promotees (Junior Engineers promoted under 50% quota) and direct appointees (recruited externally). The core dispute arose because the promotees' promotions lacked mandatory consultation with the Uttar Pradesh Public Service Commission as required by Article 320(3) of the Constitution. The Court held that while such consultation was omitted irregularly, it was not fatal and could be cured prospectively. The Court directed the State Government to obtain retrospective UPPSC consultation within two months. The promotees would retain senior positions if the UPPSC gave a favourable opinion; otherwise, individual candidates advised against could be excluded from the list.
The lawyer headnote and full judgment text are available to registered users.