STATE OF UTTAR PRADESH Vs. KARUNESH KUMAR
LAWS(SC)-2022-12-30
SUPREME COURT OF INDIA
Decided on
December 12,2022
STATE OF UTTAR PRADESH
Appellant
VERSUS
Karunesh Kumar
Respondents
Referred Judgements :-
OM PRAKASH SHUKLA V. AKHILESH KUMAR SHUKLA [REFERRED TO]COMMISSIONE OF INCOME TAX MADRAS O V R SV SR ARUNACHALAM CRETTAR VS. V MR P FIRM MUAR O R M O M A M CHIDAMBARAM CHETTIAR THE COMMISSIONER OF INCOME TAX MADRAS O RM SP SV FIRM [REFERRED TO]
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION VS. BALWANT REGULAR MOTOR SERVICE AMRAVATI [REFERRED TO]
UNION OF INDIA W H DESHMUKH VS. G R PRABHAVALKAR:GOPAL RAMGHANDRA [REFERRED TO]
AJOY KUMAR BANERJEE UMED SINGH VS. UNION OF INDIA [REFERRED TO]
R N GOSAIN VS. YASHPAL DHIR [REFERRED TO]
MADANLAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
SURINDERSINGH VS. STATE OF PUNJAB [REFERRED TO]
MOHAN KARAN VS. STATE OF UTTAR PRADESH [REFERRED TO]
CHANDRA PRAKASH TIWARI VS. SHAKUNTALA SHUKLA [REFERRED TO]
K H SIRAJ VS. HIGH COURT OF KERALA [REFERRED TO]
UNION OF INDIA VS. S VINODH KUMAR [REFERRED TO]
K MANJUSREE VS. STATE OF A P [REFERRED TO]
SADANANDA HALO VS. MOMTAZALI SHEIKH [REFERRED TO]
S S BALU VS. STATE OF KERALA [REFERRED TO]
MAYA MATHEW VS. STATE OF KERALA [REFERRED TO]
RAJASTHAN STATE INDUSTRIAL DEVELOPMENT VS. DIAMOND AND GEM DEVELOPMENT CORPORATION LTD [REFERRED TO]
STATE OF PUNJAB VS. DHANJIT SINGH SANDHU [REFERRED TO]
V K GIRIJA VS. RESHMA PARAYIL & ORS [REFERRED TO]
DINESH KUMAR KASHYAP VS. SOUTH EAST CENTRAL RAILWAY [REFERRED TO]
ANUPAL SINGH VS. STATE OF U P [REFERRED TO]
CHIEF INFORMATION COMMISSIONER VS. HIGH COURT OF GUJARAT [REFERRED TO]
UNION OF INDIA VS. N.MURUGESAN [REFERRED TO]
Cited Judgements :-
STATE OF KERALA VS. NARENDRA KUMAR [LAWS(KER)-2024-4-170] [REFERRED TO]JYOTSANA RAWAT VS. STATE OF PUNJAB [LAWS(P&H)-2023-10-40] [REFERRED TO]
SHEKHAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-12-118] [REFERRED TO]
JOINT COLLECTOR VS. S. KAMALAMMA [LAWS(TLNG)-2024-10-26] [REFERRED TO]
JUDGEMENT
M.M.SUNDRESH, J. -
(1.)The decision of the Division Bench of the High Court of Judicature at Allahabad in allowing the writ petition filed by the private Respondents, setting aside the
order passed by the learned Single Judge is assailed before us. Candidates who
waited in the wings, observing the legal journey, filed applications for
impleadment seeking extended benefit of the impugned Judgment and Order.
(2.)The present appeals are filed by the State of Uttar Pradesh inter alia contending that the candidates who are not part of the list forwarded by the Uttar Pradesh Subordinate Services Selection Commission (hereinafter referred to as 'the Commission ') were also directed to be considered in the vacancies arising pursuant to the selected candidates approved by the appointing authority, not taking up the jobs offered to the post of Gram Panchayat Adhikari, Single Cadre, Group (C). The learned Single Judge dismissed the Writ Petition filed by the private Respondents, which was overturned by the Division Bench on the premise that Rule 15 of the Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978 (hereinafter referred to as "1978 Rules"), if given due interpretation, would facilitate consideration of persons waiting in the queue based upon their performance. An application for review was filed by the appellant inter alia stating that the relevant rule to be applied is the Uttar Pradesh Direct Recruitment to Group 'C ' Posts (Mode and Procedure) Rules, 2015 (hereinafter referred to as "2015 Rules"). The said application was dismissed without taking note of the aforesaid contentions. The State seeks to assail both the aforesaid orders in the present proceedings.
(3.)Heard Ms. Ruchira Goel, learned counsel for the Appellant and Mr. V.K. Shukla, learned senior counsel for the Respondent Nos. 1 to 3 and Mr. M.R. Shamshad for the Respondent No. 4.
ON FACTS:
(2.)The present appeals are filed by the State of Uttar Pradesh inter alia contending that the candidates who are not part of the list forwarded by the Uttar Pradesh Subordinate Services Selection Commission (hereinafter referred to as 'the Commission ') were also directed to be considered in the vacancies arising pursuant to the selected candidates approved by the appointing authority, not taking up the jobs offered to the post of Gram Panchayat Adhikari, Single Cadre, Group (C). The learned Single Judge dismissed the Writ Petition filed by the private Respondents, which was overturned by the Division Bench on the premise that Rule 15 of the Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978 (hereinafter referred to as "1978 Rules"), if given due interpretation, would facilitate consideration of persons waiting in the queue based upon their performance. An application for review was filed by the appellant inter alia stating that the relevant rule to be applied is the Uttar Pradesh Direct Recruitment to Group 'C ' Posts (Mode and Procedure) Rules, 2015 (hereinafter referred to as "2015 Rules"). The said application was dismissed without taking note of the aforesaid contentions. The State seeks to assail both the aforesaid orders in the present proceedings.
(3.)Heard Ms. Ruchira Goel, learned counsel for the Appellant and Mr. V.K. Shukla, learned senior counsel for the Respondent Nos. 1 to 3 and Mr. M.R. Shamshad for the Respondent No. 4.
ON FACTS:
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