Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Seniority of deputationisls on absorption in borrowing department 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:Seniority of deputationists on absorption in borrowing department - Assistant Sub - Inspectors of Police - Deputed to Vigilance Department of Transport Authority - HELD: Those who were senior in the parent department on equivalent post should continue to be senior in deputed post unless there exists a statutory rule to the contrary - Besides, there is nothing on record to show that employees working on Executive Cadre alone, and not those working in Ministerial cadre, were entitled to be absorbed in Transport Department - Rules have rightly been interpreted by High Court Establishment and Administration Rules - rr. 3.1, 3.4.1 and 10.2(ii).Respondent no. 3 was promoted as Assistant Sub-Inspector of Police on 3.6.1988 and the appellant on 3.2.1990. Both were deputed on 12.8.1991 to the Vigilance Department of the Transport Authority, NCT, Delhi, but their absorption in the borrowing Department having taken place on different dates, a dispute regarding their seniority arose wherein the High Court held that seniority of parties should be determined on the basis of their respective seniority in the parent department on the post of Assistant Sub-Inspector of Police which was the feeder cadre. Aggrieved, the affected employee filed the instant appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1047 |
Petitioner | Attar Singh Kaushik |
Respondent | Secretary, Commr. Transport Department And Anr. |
SCR | [2007] 11 S.C.R. 73 |
Judgement Date | 2007-10-11 |
Case Number | 4791 |
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