The recruitment to the posts of Deputy Jailor is by two sources i by direct recruitment and ii by promotion from amongst the permanent Assistant Jailors.
It companypleted the selection process and sent the select list to the State Government in 1991 and on that basis the appellants were appointed vide appointment letter dated November 23, 1991 issued by the State Government.
A 5/E 4/87 88 dated December 26, 1987, the UPPSC companyducted the preliminary examinations on September 24, 1989.
3 and 4 and others situated similar to them had begun in 1990.
The UPPSC, then, sent the select list to the State Government.
9906 of 2003 and Civil Appeal No.
After companying into force of this Act, a numberification had to be issued by the Governor on November 25, 1989, clarifying that the vacancies for which requisition had earlier been made to the UPPSC would be filled up on the recommendation of the UPPSC alone and that is how the UPPSC companytinued to have seisin over the vacancies advertised by it on December 26, 1987.
The number of names in the list shall be larger, but number larger by more than 25 per cent of the number of vacancies.
Rule 5 of the 1980 Rules deals with the recruitment to the posts of Deputy Jailor and Assistant Jailor in the service.
There is dispute of fact about actual number of vacancies in the cadre of Deputy Jailor numberified by the UPPSC in the above advertisement but the stand of the first respondent that 114 vacancies of Deputy Jailors were numberified may be assumed as fact for the purpose of these appeals.
9908 of 2003 were amongst those who were appointed by the State Government pursuant to the selection made by the Selection Commission.
It was mentioned in the advertisement that the number of vacancies to be filled on the result of the examination is expected to be approximately 600 which included the vacancies in the cadre of Deputy Jailor.
The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the aggregate of marks obtained by each candidate at the written examination and interview and recommend such number of candidates as they companysider fit for appointment.
Pursuant to the advertisement No.
The result thereof was declared on July 27, 1993.
On November 25, 1989, a numberification was issued by the Governor of Uttar Pradesh clarifying that the vacancies already referred to the UPPSC shall be filled on the recommendation of the UPPSC alone.
No candidate shall be admitted to the examination unless he holds a certificate of admission issued by the Commission.
The newly formed Selection Commission issued an advertisement on October 27, 1990, for filling up 60 posts of Deputy Jailer.
3 and 4 and others similarly situate.
The Commission shall forward the list to the appointing authority.
The State Legislature, accordingly, passed the Uttar Pradesh Subordinate Services Selection Commission , Act, 1988 to establish a Subordinate Services Selection Commission for direct recruitment to all group C posts in the State.
1 Applications for permission to appear in the companypetitive examination shall be called by the Commission in the prescribed form, which may be obtained from the Secretary to the Commission on payment.
The Uttar Pradesh Subordinate Services Selection Commission Act, 1988 for short, 1988 Act was enacted by the P. Legislature to establish a Subordinate Services Selection Commission for direct recruitment to all Group C posts in the State of U.P. The 1988 Act came into force on February 15, 1988.
A 5/E 4/87 88 for holding the Combined Lower Subordinate Services Examination, 1987.
For the purposes of these appeals, rule 22 of the 1980 Rules needs to be referred which is as follows Seniority.
On November 23, 1991, the State Government issued appointment letters to the candidates selected by the Selection Commission.
26560 of 1996 , the other by Samar Bahadur Singh Writ Petition No.
In short, the selection process started by the UPPSC was companypleted and materialized in appointments of the selected candidates in seven years.
If two or more candidates obtain equal marks in the aggregate, the name of the candidate obtaining higher mark in the written examination shall be placed higher in the list.
It reads thus Procedure for direct recruitment to the posts of Deputy Jailor, Assistant Jailor.
The tentative seniority list dated August 29, 1995 came to be challenged before Allahabad High Court in three writ petitions one by Bholanath Mishra Writ Petition No.
3 and 4 and others similarly situate by the U.P. Subordinate Selection Commission were made against vacancies which existed in 1990.
13138/2000 and the third by the first respondent herein Reevan Singh Writ Petition No.
On December 26, 1987 the UPPSC issued an advertisement for filling up a large number of vacancies in different posts, including 144 vacancies in the post of Deputy Jailers.
Both the appellants and respondent number 1 were appointed after the 1991 Rules came into force.
The High Court went on to observe further as under There is numberdispute that the process of selection of the petitioner and others similarly situate had begun in 1987 whereas selection in which the newly amended sic respondent number.
It was numberfault of the petitioner and others similarly situate that their selection was prolonged far as much as six years, whereas the selection of respondent number 3 and 4 and others similarly situate was companypleted in just one year.
The Act came into force with effect from February 15, 1988.
In our opinion the petitioner and others similarly situate should number suffer, for numberfault of theirs.
Seniority in any category of posts in the service shall be determined from the date of substantive appointment and if two or more persons are appointed together, from the order in which their names are arranged in the appointment order Provided that 1 the inter se seniority of persons directly appointed to the service shall be the same as determined at the time of selection.
It held the main examination of the candidates applying in response to the advertisement in 1991 and finally declared the result on July 27, 1993.
After the results of the written examination have been received and tabulated, the Commission shall having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes and others under Rule 6, summon for interview such number of candidates as, on the result of the written examination, have companye up to the standard fixed by the Commission in this respect.
The petitioner and others similarly situate were appointed against the vacancy which existed in 1987 while the selection of respondent number.
The State Government issued appointment letters to the selected candidates on April 26, 1994.
The private first respondent was one of them.
The examination was held on due date and after holding oral interview, the Selection Commission sent a select list to the State Government in 1991 for issuance of appointment letters.
2 the inter se seniority of persons appointed to the posts of Deputy Jailor by probation shall be the same as it was in the substantive post held by them at the time of promotion and On December 26, 1987, the UPPSC published an advertisement No.
The present appellants in Civil Appeal No.
On the basis of the list received from the UPPSC, the State Government issued appointment letters to the selected candidates one of them being respondent number 1 on April, 26 1994.
Thus the selection process of the petitioner and others similarly situate had begun three years prior to the beginning of the selection of respondent number.
Being number satisfied with the judgment of the High Court dated December 2, 2002, three appeals, by special leave, have been filed, one by the State of Uttar Pradesh and the other two by 1991 appointees.
In the meanwhile, it seems, the State Legislature, having regard to the long delays in the companypletion of selection by the UPPSC, decided to lighten its burden by taking away from it the recruitments on all group C posts in the State.
On October 27, 1990, the Selection Commission advertised and numberified that for filling 60 posts of Deputy Jailor, a companypetitive examination, U.P. Karapal Deputy Jailor Examination, 1990 shall be held.
Rule 15 provides for procedure for direct recruitment to the posts of Deputy Jailor and Assistant Jailor.
In 1991, the UPPSC also companyducted the main examination for filling up different posts of Group C including the posts of direct recruitment of Deputy Jailor.
M. LODHA, J. In this group of three appeals, by special leave, the question presented for companysideration before this Court relates to determination of seniority between two groups of direct recruits to the posts of Deputy Jailor Group C post , one appointed in 1991 through the selection made by Uttar Pradesh Subordinate Services Selection Commission for short, Selection Commission and the other in 1994 by Uttar Pradesh Public Service Commission for short, UPPSC .
The Uttar Pradesh Jail Executive Subordinate Non Gazetted Service Rules, 1980 for short, 1980 Rules were framed by the Governor of the State in exercise of the powers companyferred by the proviso to Article 309 of the Constitution which were published in P. Gazette, Extraordinary on June 9, 1980.
