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Siraj Ahmad v. State of Uttar Pradesh

Civil Appeal · 2019 INSC 1367Decided 13 Dec 2019
Civil Appeal No. 9412 of 2019
Chief Justice S.A. Bobde · Justice B.R. Gavai · Justice Surya Kant

Background

The appellant was appointed on an ad-hoc basis as a Junior Engineer with the Agra Development Authority in 1987 after a formal selection process under the U.P. Development Authorities Centralized Services Rules, 1985. Shortly after joining, he obtained a Bachelor of Engineering degree, which made him eligible for promotion to Assistant Engineer under the service rules. Despite being the only Junior Engineer in his Development Authority holding this degree as of 1987, he was passed over for promotion while colleagues who obtained the same qualifying degree later (in 1993-94) were promoted instead; his writ petition challenging this was dismissed by the Allahabad High Court.

Decision Breakdown

The Supreme Court found it anomalous that three other engineers appointed in the same 1987 selection, who obtained their qualifying engineering degrees later than the appellant (in 1993 and 1994), had been promoted to Assistant Engineer from 18.01.1995, while the appellant, who already held the degree in 1987, was denied promotion. The Court held that under the relevant 1994 office memorandum, the appellant became entitled to promotion as soon as he held the requisite degree, and was in any event entitled to promotion from the same date his juniors were promoted. It further held that any non-concurrence of the U.P. Public Service Commission in his original appointment would, at most, render the appointment "irregular," not "illegal," and therefore could not be used to deny him promotion. The Court quashed the High Court's judgment and the State's rejection order, and declared the appellant entitled to promotion with effect from the date his juniors were promoted, along with all consequential benefits.

Lesson Learnt

An employee cannot be denied a promotion they are otherwise eligible for merely because of a procedural irregularity in their original appointment (as opposed to it being legally void), and when similarly placed juniors are promoted ahead of a senior who meets the same qualifying criteria earlier, the senior is entitled to parity in promotion dates.

Official source (sci.gov.in)View Judgment (PDF)

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