Lawstreet Journal

Government Cannot Effect Merger of Feeding Cadre to Higher Cadre in Violation of Service Rules: Allahabad HC [READ ORDER]

Lawstreet Journal 23 Oct 2020 6:08pm

Image courtesy: Lawstreet Journal Judiciary Government Cannot Effect Merger of Feeding Cadre to Higher Cadre in Violation of Service Rules: Allahabad HC [READ ORDER]

On Tuesday (October 20, 2020), the Allahabad High Court held that the government cannot affect the merger of the feeding cadre to the higher cadre if not envisaged under the Service Rules and that an amendment, even if having a retrospective effect, would not adversely affect the rights accrued to the employees under the Rules as existed.

The petitioners feeling aggrieved by the final Seniority list dated 15.04.2019 in so far as it relates to the placement of the petitioners below Passenger Tax / Goods Tax Superintendents, whose services have been merged in the higher cadre of posts of Passenger Tax, Goods-Tax Officer to which petitioners were directly appointed. This was in Process under Justice Jagdish Kumar.

The dispute pertained to the placement of seniority on the post of Passenger Tax, Goods-Tax Officer amongst the direct recruits i.e. the petitioners and the private respondents, who were working on the post of Passenger Tax / Goods Tax Superintendents, the feeding cadre for promotion to the post of Passenger Tax, Goods-Tax Officers, but their services have been merged with Passenger Tax, Goods-Tax Officers vide Government Order dated 3.5.2011 abolishing the post of Passenger Tax /Goods Tax Superintendents.

"The case mainly hinges upon the question as to whether the Amendment Rules 2018 (to the 1980 UP Transport Taxation Service Rules) are partly retrospective in effect so far as it bestows the benefit of seniority to the respondents and other similarly situated persons in the list of seniority of Passenger Tax, Goods - Tax Officer", observed the… Continue Reading...


Tagged: Allahabad High Court  
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