In a recent case, the State of Uttar Pradesh appealed a High Court order regarding promotion claims in the UP Prosecution Service. The court delved into the intricacies of the recruitment rules governing the appointment of Assistant Public Prosecutors, emphasizing the need for direct recruitment through competitive exams. The legal analysis provided by the court sheds light on the importance of adherence to established rules and procedures in such matters.
Facts
- State of Uttar Pradesh has appealed the High Court order dated 03.08.2018.
- The order of State Public Services Tribunal dated 12.12.2013 was confirmed by the High Court.
- An earlier order dated 14.02.1984 by the Tribunal was set aside and finally confirmed on dismissal of Special Leave Petition on 20.04.2000.
- Respondent attained superannuation on 31.03.1996 during the pendency of litigation.
- Fresh litigation was initiated by the respondent after his original dismissal order was set aside, claiming promotion/appointment relative to juniors.
- The respondent’s grievance is not sustainable because the post of Assistant Public Prosecutor is filled through direct recruitment as per the Uttar Pradesh Transport (Subordinate) Prosecution Service Rules, 1979.
- Recruitment to the post of Assistant Public Prosecutor is based on a competitive examination followed by a Viva Voce test conducted by the Commission as per Rule 5 of the 1979 Rules.
- The Tribunal and the High Court ignored the fact that the recruitment to the post is regulated by the 1979 Rules, which require direct recruitment and competitive examination.
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Decision
- The order of the High Court confirming the order of the Tribunal is not sustainable in law.
- The appeal succeeds and is allowed.
- The order of the High Court dated 03.08.2018 confirming the order dated 12.12.2013 of the Tribunal is set aside.
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Case Title: STATE OF U.P. Vs. SHYAM LAL JAISWAL (2021 INSC 636)
Case Number: C.A. No.-006251-006251 / 2021
