Supreme Court of India · 2004-10-05
STATE OF U.P. vs JALAL UDDIN .
- Citation / case number
- SC 2004/2441
- Court
- Supreme Court of India
- Petitioner
- STATE OF U.P.
- Respondent
- JALAL UDDIN .
- Author
- ARIJIT PASAYAT
- Bench
- C.K. THAKKER ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the Allahabad High Court erred in applying the U.P. Higher Education (Group A) Service Rules, 1985, which had become inoperative due to the Uttar Pradesh Government Servant Criteria for Recruitment by Promotion Rules, 1994, as per the proviso to Article 309 of the Constitution of India. The Court emphasized that promotions must be based on the operative rules, and the respondent's claim for promotion was not valid under the outdated rules. Consequently, the Court set aside the High Court's order and ruled that the promotion should be considered under the 1994 Rules, which have overriding effect over previous rules.