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Supreme Court of India 2021-07-28 allowed

Rashi Mani Mishra and others vs State of Uttar Pradesh and others

Bench: 2 — M.R. Shah

In Brief

The Court addressed whether Assistant Engineers appointed on ad hoc basis in 1985 should have their seniority counted from their initial appointment date or from their regularization in 1989. The Court held that under the U.P. Regularization of Ad hoc Appointments Rules, 1979, seniority must be counted only from the date of regularization (substantive appointment), not from the ad hoc appointment date. The Court ruled that ad hoc services cannot be counted for seniority purposes when the governing rules explicitly provide that regularized appointees shall be placed below direct recruits appointed prior to regularization. The 2016 revised seniority list was quashed and the 2001 list restored.

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Service Law Civil Service Seniority Ad hoc Appointments Regularization Administrative Law

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