In Brief
The State of Uttar Pradesh appealed against an order that had directed promotion of an employee to Assistant Public Prosecutor on the basis of seniority after his dismissal was set aside. The Supreme Court held that the post of Assistant Public Prosecutor is governed by the Transport (Subordinate) Prosecution Service Rules, 1979, which mandates direct recruitment through competitive examination. The Court ruled that even though the employee's dismissal was reversed, he could not claim promotion solely on seniority since the post must be filled by statutory direct recruitment process. The appeal was allowed and the High Court's order set aside."
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