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Supreme Court of India 2018-03-28 partly_allowed

Hon'ble High Court of Judicature at Allahabad - through Registrar General vs State of Uttar Pradesh & Ors

Bench: 2 — Adarsh Kumar Goel

In Brief

This case concerns the seniority of Higher Judicial Service officers in Uttar Pradesh promoted or directly recruited in 2008–2009. The Supreme Court upheld the High Court's rejection of the promotees' claim to seniority dating from when vacancies arose, because suitability tests (mandated by earlier Supreme Court judgment) were only held in 2008. The Court also rejected the direct recruits' demand to apply the mandatory roster/quota system strictly, as this would prejudice the promotees given litigation delays and delayed vacancy determinations. The Court held that while the roster system is normally binding, pragmatic interpretation is permissible when strict enforcement becomes impractical. Seniority was fixed from actual appointment dates for both groups, without rota-based reordering."

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Civil Service Law Judicial Service Seniority and Service Conditions Constitutional Law Administrative Law Recruitment and Promotion Statutory Rules Interpretation

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