Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Transfer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Transfer- Of appellant from CBI to NCRBby executive order - Subsequently, appellant came to knowthat he was not given revised pay scale as received by hisbatchmate who remained at CBI - Application of appellant forgrant of pay scale at par with his CBI batchmate - Dismissedby Tribunal - Order upheld by High Court - On appeal, held:When appellant was transferred from CBI to NCRB, he hadno option but to join wherever he is placed - Until appellantretired from service, no separate service rules were framedfor officers in NCRB - He continued to be governed by therules framed for officers of CBI -Tribunal ignored the basic. principles that where an employee is transferred to anotherorganization, although he has to join over there, he cannotbe made to suffer in his service conditions as well as incontinuity of his service without framing rules under Article 309of the Constitution - It would amount to discrimination for nojustifiable reasons - Direction given that pay of appellant beappropriately corrected as sought by him and his pension andother service benefits also be corrected on that basis. |
Judge | Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2013 INSC 793 |
Petitioner | S.k. Rattan |
Respondent | Union Of India & Ors. |
SCR | [2013] 12 S.C.R. 743 |
Judgement Date | 2013-11-28 |
Case Number | 1921-1922 |
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