In Brief
The Supreme Court resolved disputes over seniority between promotee judges and direct recruit advocates to the Uttar Pradesh Higher Judicial Service. The Court held that promotees, whose promotion required passing a newly-mandated suitability test for the first time in 2008, could claim seniority only from their appointment date, not from earlier vacancy dates. While the quota-rota system is normally mandatory for seniority determination, the Court applied pragmatic interpretation given delays in vacancy determination and suitability testing. Thus, promotees' priority over direct recruits was upheld despite the rota rule's usual requirement, as strict application would unfairly prejudice promotees for delays beyond their control.
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