SH. J.P.S. SAROHA AND ANR. versus UNION OF INDIA AND ANR.

SH. J.P.S. SAROHA AND ANR. versus UNION OF INDIA AND ANR.

No illegality or manifest error in transfer and retention of appellants under Director General of Inspection; appellants are not entitled to parity of promotion merely due to departmental trifurcation unless specific rights or cause of action arise under law.

Parties
Appellant: SH. J.P.S. SAROHA; Appellant: ANR.; Respondent: UNION OF INDIA; Respondent: ANR.
Jurisdiction
India
Judgment Date
10 April 1997
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Central Administrative Tribunal
Outcome
Appeal dismissed
Legal Topics
Promotion, Departmental Transfer, Seniority, Administrative Tribunal Jurisdiction
Service Law Promotion Departmental Transfer Seniority Administrative Tribunal Jurisdiction

Case Brief

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Parties

SH. J.P.S. SAROHA

Appellant

ANR.

Appellant

UNION OF INDIA

Respondent

ANR.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Central Administrative Tribunal

Legal Issues

  1. 1 Whether non-transfer of appellants to DRDO is vitiated by manifest error warranting interference
  2. 2 Whether appellants are entitled to parity of promotion with those retained in DRDO after departmental trifurcation

Ratio Decidendi

No illegality or manifest error in transfer and retention of appellants under Director General of Inspection; appellants are not entitled to parity of promotion merely due to departmental trifurcation unless specific rights or cause of action arise under law.

Court Disposition

Appeal dismissed

Orders

  • If specific rights or accelerated promotions are denied to appellants compared to similarly situated personnel, they may avail appropriate remedy under law.