VidhiSangh

Supreme Court of India · 26/04/2018

SHAKTI PRASAD BHATT ETC. ETC. versus THE STATE OF UTTARAKHAND AND ORS. ETC.

[2018] 4 S.C.R. 272 · 2018 INSC 420

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Summary

The Supreme Court held that reorganisation of Uttar Pradesh could not erase the prior service of cooperative Kurk Amins allocated to Uttarakhand. Their pre-bifurcation service counted for selection grade, promotional scale, pension and other benefits. The earlier restriction of Uttarakhand’s consequential monetary liability to the period from 9 November 2000 did not eliminate the earlier service itself. The Single Judge’s relief was restored and extended to similarly situated employees, with costs of one lakh rupees imposed on the State.

Issues

  1. Whether State bifurcation extinguished credit for service rendered in the predecessor State.
  2. Whether the earlier restriction on consequential monetary benefits also restricted reckonable service.
  3. Whether equivalent relief should extend beyond the appellants.

Held

Result

Appeals allowed; impugned Division Bench order set aside and Single Judge’s relief restored. Equivalent benefits extended to similarly situated incumbents. Costs of Rs.1,00,000 imposed on Uttarakhand.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 272.