Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law : Absorption of deputationists in State Service |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law :Absorption of deputationists in State Service-Divisional Accountants Cadre and Subordinate Accountants Service cadre-GOM 304 dt. Nov. 20, 1979-Decision to take over Divisional Accountants from administrative control of Accountant General to State Service-Benefit of option not given to SAS Cadre-On challenge Tribunal directing extension of the benefit to SAS Cadre also---On appeal, held, no interference with the policy decision of the State Govt. to take over the Divisional Accountant Cadre-No direction could be given to State Govt. to absorb SAS Cadre-No ambiguity in clause (1) Para (5) of GOM-Action of State Govt. neither discriminatory nor violative of Constitution-Constitution of India Art. 14. Judicial Self Discipline : In the same matter two Division Benches giving different views-Validity of-Held, if the second Division Bench had to take a different view propriety demands that the matter should have been referred to a larger Bench-Courts should observe self-discipline. The respondents were Accountants belonging to Subordinate Accounts Service (SAS) of the Accountant General office. The State Govt. by GOM 304 dt. Nov. 20,1979 decided to take over the cadre of Divisional Accountants from the administrative control of the Accountants General Options were given to the Divisional Accountants in the Accountant General Office. The respondents, in the SAS Cadre who were not given the benefit of GOM 304 approached the Administrative Tribunal. While allowing their application, the Tribunal directed that the Accountants belonging to Subordinate Accounts Service (SAS) Cadre of the Accountants General Office who were on the date of the take over as the Divisional Accountants in the State Service shall also be given option to be absorbed in State as per GOM 304.Hence this appeal by the State GovernmentState contended that the Tribunal's interpretation of clause(1) of Para 5 of the GOM was not correct and that clause could not be read in isolation; and that the GOM clearly shows that it pertains to taking over of Divisional Accountants Cadre from the administrative control of the Accountant General and not of the SAS CadreThe contention of the respondent was that the action of the State Government in deciding to take ever only the cadre of Divisional Accountants from the administrative control of the Accountant General and not the cadre of SAS was against the recommendations of the Committee and thus the action of the State Government was discriminatory and violative of Article 14 of the Constitution. |
Judge | Hon'ble Mr. Justice D.P. Wadhwa |
Neutral Citation | 1998 INSC 37 |
Petitioner | State Of Andhra Pradesh |
Respondent | V.c. Subbarayudu And Ors. |
SCR | [1998] 1 S.C.R. 299 |
Judgement Date | 1998-01-22 |
Case Number | 5131 |
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