In Brief
A former Transport Department cashier, dismissed in 1975, was reinstated after his dismissal order was set aside by the Tribunal and later confirmed by the Supreme Court in 2000. He then claimed entitlement to promotion as Assistant Public Prosecutor, alleging that his juniors were promoted to that position in 1980. The Court held that the post of Assistant Public Prosecutor is governed by the Uttar Pradesh Transport (Subordinate) Prosecution Service Rules, 1979, which mandate that recruitment to this post be made exclusively through direct recruitment via competitive examination and Viva Voce test. The Court ruled that the respondent's claim to promotion based on seniority was unsustainable, as the statutory rules prescribed a different recruitment mode. The High Court's order confirming the Tribunal's decision was set aside, allowing the State's appeal.
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