VidhiSangh

Supreme Court of India · 01/05/2019

UNION OF INDIA & ORS. ETC. ETC. versus S. MAADASAMY AND ANR. ETC. ETC.

[2019] 8 S.C.R. 234 · 2019 INSC 604

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Summary

The Supreme Court restored recruitment rules equating the posts of Joint Chief Inspector of Factories and Principal, Group A (Senior Scale). The Government and UPSC had deliberately considered common feeder posts, promotion stagnation and rotation of a sensitive post; the Tribunal could not substitute its policy judgment on that record. The separate challenge concerning the employee’s transfer became academic after retirement. His right to contest the later dies-non pension treatment was expressly preserved.

Issues

  1. Whether the Tribunal properly invalidated the statutory rules equating the two posts.
  2. What survived of the transfer dispute after retirement.
  3. Whether the employee could challenge treatment of the disputed period as dies non.

Held

Result

Appeal concerning W.P.No.44922 of 2006 allowed without costs; High Court and Tribunal orders invalidating the recruitment rules set aside. Transfer-related appeal disposed of as academic, with liberty to challenge dies-non pension treatment before the appropriate forum.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 234.