LJ 683 , 2019 (2 )ESC423 (SC ), [2020 (164 )FLR457 ], 2019 INSC 624 , 2019 (3 )J.L.J.R.155 , 2019 (4 )LLN29 (SC ), 2019 (3 )PLJR155 , 2019 (7 )SCALE397 , (2019 )6 SCC528 , 2019 (10 ) SCJ 335 , [2019 ]7 SCR171 , 2019 (3 )SCT22 (SC ), 2019 (2 )SLJ46 (SC ), 2019 (4 )SLR726 (SC ), (2019 )2 UPLBEC1467 , ,MANU/SC/0676/2019R. Banumathi#R. Subhash Reddy#25SC3020Judgment/OrderAIR#ALJ#ESC#FLR#INSC#JLJR#LLN#MANU#PLJR#SCALE#SCC#SCJ#SCR#SCT#SLJ#SLR#UPLBECR. Banumathi,SUPREME COURT OF INDIA2019-5-10 -->

MANU/SC/0676/2019

True Court CopyTM EnglishTrue Court CopyTM Hindi

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 4642 of 2019 (Arising out of SLP (C) No. 8725 of 2014), Civil Appeal No. 4643 of 2019 (Arising out of SLP (C) No. 8885 of 2014) and Civil Appeal No. 4644 of 2019 (Arising out of SLP (C) No. 9817 of 2014)

Decided On: 06.05.2019

Appellants: Raja Singh and Ors. Vs. Respondent: State of U.P. and Ors.

Hon'ble Judges/Coram:
R. Banumathi and R. Subhash Reddy

JUDGMENT

R. Banumathi, J.

1. Leave granted.

2. These appeals arise out of the judgment and order dated 07.03.2014 passed by the High Court of Judicature at Allahabad in CMWP No. 13148 of 2002 and batch in and by which the High Court held that the appointment to the post of District Minority Welfare Officer is to be governed by UP Minority Welfare Department Gazetted Officers Service Rules 2001 and that the Appellants have no legal right to claim their absorption in the Minority Welfare Department and the same has been rightly rejected by the State Government.

3. In all these appeals, the point falling for consideration is one and the same and all the appeals shall stand disposed of by this common judgment. For easy reference, the facts in appeal arising out of SLP(C) No. 8725 of 2014 are referred to.

4. Brief facts which led to filing of these appeals are:

That the State Government of Uttar Pradesh vide its Notification No. 4056/XX-E-95-539(2)/95 dated 12.08.1995 created four Departments known as:(a) Minority Welfare Department; (b) Backward Class Welfare Department; (c) Handicapped Welfare Department; and (d) Ambedkar Village Development Department. The Secretary, Minority Welfare and Muslim Waqf Department, Government of U.P. vide its letter No. 2160/52/1-96-1(85)/95 dated 22.11.1996 addressed to all Principal Secretaries/Secretaries of Government of U.P. stated that the posts of District Minority Welfare Officer is to be filled through U.P. Public Service Commission and due to non-availability of adequate officers, it had been decided to fill such posts by way of deputation/transfer of service of the officers having at least twelve years of experience and working in the pay scale of immediately below Rs. 2000-3500. The Secretary requested heads of various departments that the names of interested applicants be forwarded for appointment for the post of District Minority Welfare Officer on deputation/transfer of services basis.

5. The Appellants applied for the newly created post of District Minority Welfare Officer through proper channel and they were directed to appear for interview and selecti........