L. PARMESWARAN versus CHIEF PERSONNEL OFFICER & ORS.

L. PARMESWARAN versus CHIEF PERSONNEL OFFICER & ORS.

The appellant, holding an ex-cadre post and promoted therein, had no legal right to continue in that post and could be reverted to parent cadre. However, given his long service in the ex-cadre position, the Supreme Court exercised Article 142 jurisdiction to protect his pay, fitting him in the higher salary scale despite assignment to a lower post.

Parties
Appellant: L. Parmeswaran; Respondents: Chief Personnel Officer & Ors.
Jurisdiction
India
Judgment Date
15 February 2008
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal partly allowed
Legal Topics
Pay Protection, Repatriation, Promotion, Ex Cadre Post, Policy Decision, Jurisdiction Under Article 142
Service Law Pay Protection Repatriation Promotion Ex Cadre Post Policy Decision Jurisdiction Under Article 142

Case Brief

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Parties

L. Parmeswaran

Appellant

Chief Personnel Officer & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether an employee working long in an ex-cadre post is entitled to pay protection upon repatriation to parent department

Ratio Decidendi

The appellant, holding an ex-cadre post and promoted therein, had no legal right to continue in that post and could be reverted to parent cadre. However, given his long service in the ex-cadre position, the Supreme Court exercised Article 142 jurisdiction to protect his pay, fitting him in the higher salary scale despite assignment to a lower post.

Court Disposition

Appeal partly allowed

Orders

  • Pay of appellant protected in scale of Rs. 4500-7500 for post of Technician Grade III (scale Rs. 3050-7000).
  • No order as to costs.