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august 2013

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.

State Of U.P.& Ors vs Ashok Kumar Srivastava & Anr · Niyam