Supreme Court of India · 2013-08-21
State Of U.P.& Ors vs Ashok Kumar Srivastava & Anr
- Citation / case number
- AIR 2013 SC (SUPP) 513
- Court
- Supreme Court of India
- Petitioner
- State Of U.P.& Ors
- Respondent
- Ashok Kumar Srivastava & Anr
- Author
- Dipak Misra
- Bench
- Dipak Misra, Anil R. Dave
Judgment text excerpt
The Supreme Court addressed the issue of seniority for the 1st respondent, a Lecturer promoted to Reader under the Uttar Pradesh Ayurvedic Aur Unani Mahavidyalaya Aadhyapako Ki Seva Niyamawali, 1990. The Court held that the seniority should be determined from the date the vacancy arose, not merely from the date of promotion, as per Rule 21 of the 1990 rules. The Court upheld the High Court's decision that the denial of retrospective seniority constituted discrimination, especially since other promotees were granted such benefits, thereby reinforcing the principle of equality in service matters.