STATE OF U.P. vs ASHOK KUMAR SRIVASTAVA

The Supreme Court ruled that the seniority of the 1st respondent, a Lecturer promoted to Reader, should be determined based on the date of the vacancy arising, not merely the date of promotion as per Rule 21 of the Uttar Pradesh Ayurvedic Aur Unani Mahavidyalaya Aadhyapako Ki Seva Niyamawali, 1990. The Court held that denying retrospective seniority constituted discrimination, especially since other similarly situated individuals were granted such seniority. Consequently, the Court directed that the 1st respondent's seniority be adjusted to reflect the date of the vacancy's occurrence, thereby overturning the High Court's previous ruling.