Supreme Court of India · 1987-06-08
P.D. AGGARWAL & ORS. vs STATE OF U.P. & ORS.
- Citation / case number
- SC 1982/63739
- Court
- Supreme Court of India
- Petitioner
- P.D. AGGARWAL & ORS.
- Respondent
- STATE OF U.P. & ORS.
- Author
- B.C. RAY
- Bench
- B.C. RAY
Judgment text excerpt
The Supreme Court ruled that the U.P. Service of Engineers (Buildings and Roads Branch) Amendment Rules of 1969 and 1971 cannot take away the vested rights of Assistant Engineers appointed to temporary posts prior to the amendments. The Court held that seniority must be reckoned from the date of substantive appointment, as stipulated in Rule 23 of the 1936 Rules, and that retrospective application of the Amendment Rules is invalid under Articles 14 and 16 of the Constitution of India. Consequently, the rights of the Assistant Engineers were upheld, ensuring their seniority is recognized from their original appointment dates.