VidhiSangh

Supreme Court of India · 29/08/2018

KRISHAN KUMAR MADAN AND ORS. versus ASHOK KUMAR AND ORS.

[2018] 11 S.C.R. 364 · 2018 INSC 759

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Summary

The Supreme Court upheld the consensual transfer and absorption of personal assistants from Uttar Pradesh to Uttarakhand after State reorganisation. The High Court overlooked Central guidelines, the terms of their appointment letters and the mutual consent of both States. Their appointment after the statutory allocation cut-off did not invalidate this separately permitted transfer arrangement. The High Court’s contrary orders were set aside.

Issues

  1. Whether employees appointed after the reorganisation date could validly be transferred to Uttarakhand with the consent of both States under the Central Government’s directions and guidelines.

Provisions considered

Held

Result

Appeals allowed; High Court judgment and review order set aside. Consensual transfer and absorption in Uttarakhand upheld, without costs.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 364.