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2021 Supreme(SC) 387

D.Y.CHANDRACHUD, M.R.SHAH
Rashi Mani Mishra – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Appellant(s) :Rajiv Nanda, Rachna Gandhi, Anil Kumar Sangal, Siddharth Sangal, Nilanjani Tandon, Rishabh Sancheti, Padma Priya, Anchit Bhandari, Shreya Gupta, K. Paari Vendhan, Advocates
For the Respondent(s):Chandra Bhushan Prasad, Vanshaja Shukla, Manoj Swarup, Neelmani Pant, Mukul Kumar, Tanmaya Agarwal, Wrick Chatterjee, Anil Kumar Sangal, Siddharth Sangal, Nilanjani Tandon, Ankit Swarup, Advocates

JUDGMENT :

M.R. SHAH, J.

1. As common question of law and facts arise in this group of appeals, all these appeals are decided and disposed of together by this common judgment and order.

1.1 Civil Appeal Nos. 10788 of 2016 and Civil Appeal No. 2898 of 2021 are with respect to the State of Uttar Pradesh and the rest of the civil appeals are with respect to the State of Uttarakhand. It is to be noted that the relevant rules applicable to the employees of the State of Uttarakhand are as such para materia to the relevant rules applicable to the employees of the State of Uttar Pradesh.

1.2 The dispute in all these appeals relates to determination of the seniority of Assistant Engineers working in the Rural Engineering Department and the common question involved in the present group of appeals is, whether the services rendered as ad hoc prior to their regularisation shall be counted for the purpose of seniority etc. or only from the date of their regularisation, regularising their services as per the relevant regularisation rules?

1.3 At the outset, it is required to be noted that as such the High Courts have heavily relied upon the decision of this Court in the case of Secretary, Minor Irriga

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