Case Note & Summary
The dispute arose between the appellants, who were appointed as Assistant Engineers in various branches of the U.P. Services, and the State of Uttar Pradesh regarding the counting of their past services for seniority purposes after their transfer to the Irrigation Department. The appellants were initially appointed through a Combined Competitive Test conducted by the Public Service Commission, U.P. in 1968 and 1971. They were subsequently transferred to the Irrigation Department but were not given credit for their previous service in the seniority list published in 1991. The appellants filed writ petitions after their representations were rejected by the government. The High Court dismissed their petitions, stating that the ratio of a previous case, Vijaya Kumar Shrotriya v. State of UP, was not applicable. The appellants contended that their case was similar to Shrotriya's, where the court had ruled that past services should be counted upon transfer. The Supreme Court analyzed the relevant government orders and the facts of the case, concluding that the High Court had erred in its judgment. The court directed the State Government to fix the seniority of the appellants, considering their past services, and to grant any consequent promotions and benefits. The appeals were allowed, and the High Court's order was quashed without costs.
Headnote
A) Service Law - Transfer of Service Benefits - Counting Past Services - Uttar Pradesh Public Service Commission Act, 1937 - The court held that the appellants' past services in other departments should be counted towards their seniority in the Irrigation Department as they were deemed transferred under government orders. The High Court's dismissal of their claims was found to be erroneous as it overlooked relevant documents and precedents. (Paras 1-6).
Issue of Consideration
Whether the appellants are entitled to the benefit of their services in the Irrigation Department and the tagging of their previous service in light of government orders.
Final Decision
The Supreme Court allowed the appeals, quashed the High Court's order, and directed the State Government to fix the seniority of the appellants considering their past services, with consequent promotions and benefits.
Law Points
- Service seniority
- transfer of service
- combined competitive examination
- appointment
- government orders
