“Supreme Court Directs Promotion in Ministerial Group ‘C’ Posts: ‘Lack of Promotions Since 2015 Affecting Appellants and Others Similarly Situated’”

07 May 2024 8:19 AM

By: Admin

On September 4, 2023 – In a landmark judgment, the Supreme Court of India has directed the State of Uttar Pradesh to promote four candidates to Ministerial Group “C” posts. The Court observed, “Lack of promotions since 2015 is affecting appellants and others similarly situated.”

The case revolved around the Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001. The appellants, Rajendra Prasad & Ors., were aggrieved by the denial of promotion despite their seniority. They argued that the High Court had dismissed their writ petition on the grounds that those who obtained higher marks were promoted.

Justice Abhay S. Oka and Justice Rajesh Bindal, who presided over the case, noted that “for the last eight years, though there are vacancies, Group ‘C’ posts have not been filled from the source of recruitment as provided in Rule 5 of the said Rules.”

Exercising its jurisdiction under Article 142 of the Constitution, the Court directed the promotion of four candidates who are immediately below the candidates promoted in the process of 2014. The Court also specified that this decision “shall not be treated as a precedent.”

The State of Uttar Pradesh has been directed to take the necessary action within a period of two months. The judgment has been hailed as a significant step in ensuring that promotions are conducted in a timely and fair manner.

Date of Decision: September 04, 2023

Rajendra Prasad & Ors. vs State of Uttar Pradesh & Ors.