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Supreme Court of India 2023-01-16 partly_allowed

SUSHIL PANDEY & ANR vs STATE OF U.P. THR. PRINCIPAL

Bench: 2 — Ajay Rastogi, Aniruddha Bose

In Brief

This case concerns the proper method for determining seniority between promoted and directly recruited Assistant Radio Officers in Uttar Pradesh. The Court held that where both streams are recruited through a common requisition, their seniority must be determined on the basis of a notional common date of entry into the cadre (30 January 1996), rather than actual dates of appointment made in breach of rules. Within each stream, seniority follows merit rankings. Positions vacated by death or superannuation must be treated as fresh vacancies for independent selection, not filled by promoting other candidates. The Court invoked Article 142 to balance finality of prior judgments with fairness to those entitled to improved seniority.

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Civil Service Seniority Service Rules Promotion Direct Recruitment Administrative Law Constitutional Law

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