Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Promotion - Audit/Accounts Officers - Appellant, Assistant Accounts Officer in the Office of Accountant General, deputed in Central Administrative Tribunal (CAT) - On the basis of his lien and seniority, promoted as Accounts Officer in his parent office i.e. in the office of Accountant General - Thereafter, he was absorbed as Accounts Officer in CAT - Pursuant to recommendations of IVth Pay Commission, Government of India issued Office Memorandum giving promotional grade for Audit/Accounts Officers of 'Organized Accounts Cadres' - Appellant filedapplication claiming entitlement to be considered for promotion as Sr. Accounts Officer in CAT based on the said Official Memorandum - Tribunal allowed the application -. High Court set aside the order holding that the Accounts Department in CAT did not fall within the ambit of 'Organized Accounts Cadres' - Justification of - Held: Justified - CAT is a separate entity created under statute and is not a department of the Central Government - Cadre hierarchy in CAT is regulated by the 1990 Recruitment Rules, which are independent and self-contained - They could not be intermingled with the Rules of Central Government Departments - Appellant could not claim the benefit of the, said Office Memorandum, as by the relevant time, he had lost his lien in the parent department and was borne on the cadre of Accounts Department of CAT - In the hierarchy of accounts cadre of the CAT, there was no cadre called the 'Sr. Accounts Officer', to which the appellant wanted promotion -Administrative Tribunals Act, 1985 - s. 13(2) - Central Administrative Tribunal (Accounts Personnel Posts) Recruitment Rules, 1990 - Rule 3 and Schedule 2. |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2011 INSC 23 |
Petitioner | Unni Menon |
Respondent | Union Of India & Ors. |
SCR | [2011] 2 S.C.R. 33 |
Judgement Date | 2011-01-07 |
Case Number | 7113 |
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