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 Allowed |
Headnote | Service Law – U.P. Public Service Commission invitedapplications for the post of Personal Assistant in the year 1999 –The erstwhile State of Uttar Pradesh was reorganised into the Stateof Uttar Pradesh and the State of Uttaranchal (now Uttarakhand)on 09.11.2000 – Appellants though selected (i.e. on 03.03.2000)before the reorganisation of the State, however, were appointedafter the reorganisation in the year 2001 – The State of U.P.provided option to appellants to serve either in the State of U.P. orthe State of Uttarakhand – Appellants opted for the State ofUttarakhand – High Court held that the appellants remainedemployees of the State of U.P – Held: High Court overlooked theguidelines issued by the Central Government – Para (5)(c) of theguidelines refers to cases of selections where results were publishedprior to the cut-off date (09.11.2000) but appointment letters werenot issued to candidates – In the guidelines it was furtherstipulated that where panels had been recently published, theselected candidates were to be notified that they may not berequired beyond the appointed day (09.11.2000) in the State of U.P.and would be liable to serve the successor State of Uttaranchal –In instant case, appellants were declared to be employees of theState of U.P. by the High Court without noticing that theappointment letters issued to them clearly stipulated that theirservices could be transferred to the successor State of Uttarakhand– Furthermore, the Central Government permitted the transfer ofemployees on the basis of the mutual consent of both the States –Pursuant thereto, services of the appellants were transferred andabsorbed by the State of Uttarakhand with the mutual consent ofboth the States – No infirmity in the procedure adopted by both theStates in transfer of employees – Thus, Judgment of the High Courtset aside – U.P. Reorganisation Act, 2000 |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 759 |
Petitioner | Krishan Kumar Madan And Ors. |
Respondent | Ashok Kumar And Ors. |
SCR | [2018] 11 S.C.R. 364 |
Judgement Date | 2018-08-29 |
Case Number | 8336 |
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