Case Note & Summary
The dispute arose from the appointment of Senior Milk Inspectors in the Dairy Development Hill Sub-Cadre by the U.P. Public Service Commission under the U.P. Hill Sub-Cadre Rules, 1992. Following the bifurcation of Uttar Pradesh, the rules ceased to exist, prompting the respondents to challenge the High Court's order that directed the government to consider their appointments. The Supreme Court, upon reviewing the case, noted that the situation was covered by its previous decision in State of U.P. and others Vs. Rajkumar Sharma and others, which clarified that the rules were applicable only to certain hill areas that were now part of Uttaranchal. The court emphasized that the vacancies could not be filled due to the abolition of the cadre and found the High Court's reliance on certain office memorandums to be misplaced. Consequently, the Supreme Court set aside the High Court's order and allowed the appeals without costs.
Headnote
A) Administrative Law - Appointment Validity - Abolished Cadre - Uttar Pradesh Hill Sub-Cadre Rules, 1992 - The court addressed the validity of appointments made under rules that ceased to exist following state bifurcation, concluding that the vacancies could not be filled as the cadre was abolished. The High Court's reliance on certain office memorandums was deemed inapplicable, leading to the setting aside of the impugned order. Held that the appeals were allowed (Paras 2-5).
Issue of Consideration
Whether the appointment of Senior Milk Inspectors under the U.P. Hill Sub-Cadre Rules, 1992 was valid after the abolition of the cadre.
Final Decision
The Supreme Court set aside the impugned order of the High Court and allowed the appeals, ruling that the appointments were invalid due to the abolition of the cadre.
Law Points
- Relaxation of age limit
- applicability of rules
- appointment procedures
- cadre abolition
