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

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

The appellants' transfer to and absorption in the State of Uttarakhand is valid as per guidelines and mutual consent of both states. The High Court erred in not considering the Central Government's guidelines and the terms of appointment letters, which allowed for transfer between states. There was no infirmity in the procedure adopted by the states.

Parties
Appellant: Krishan Kumar Madan and others; Respondent: Ashok Kumar and others
Jurisdiction
India
Judgment Date
29 August 2018
Procedural Posture
Civil Appeal / Appeal From Decision of High Court of Uttarakhand at Nainital in Writ and Review Petition
Outcome
appeals allowed; judgment and order of High Court set aside
Legal Topics
Allocation of Personnel, Transfer of Employees, State Reorganization, Seniority List
Service Law Allocation of Personnel Transfer of Employees State Reorganization Seniority List

Case Brief

Summary, issues, holding and outcome

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Parties

Krishan Kumar Madan and others

Appellant

Ashok Kumar and others

Respondent

Procedural Posture

Civil Appeal / Appeal From Decision of High Court of Uttarakhand at Nainital in Writ and Review Petition

Legal Issues

  1. 1 Whether appellants are employees of the State of Uttarakhand or Uttar Pradesh after state reorganization
  2. 2 Validity of transfer and absorption of appellants in Uttarakhand based on mutual consent of states

Ratio Decidendi

The appellants' transfer to and absorption in the State of Uttarakhand is valid as per guidelines and mutual consent of both states. The High Court erred in not considering the Central Government's guidelines and the terms of appointment letters, which allowed for transfer between states. There was no infirmity in the procedure adopted by the states.

Court Disposition

appeals allowed; judgment and order of High Court set aside

Orders

  • Judgment and order of the High Court of Uttarakhand at Nainital are set aside
  • Appellants' transfer and absorption in Uttarakhand are valid