UNION OF INDIA AND ORS. versus SHRI PARMANAND

Candidates working in the concerned department are to be adjusted first against existing vacancies unless no vacancy exists or they are medically unfit; amendment of the rule does not take away pre-existing rights. The Tribunal was correct in directing absorption of the respondent in CPWD as per the rule in vogue at the relevant time.

Parties: Petitioner: Union of India and Ors.; Respondent: Shri Parmanand
Jurisdiction: India
Judgment Date: 19 August 1996
Procedural Posture: Special Leave Petition (c) / Civil Appellate Jurisdiction Order on Special Leave Petition
Outcome: Petition dismissed
Legal Topics: Selection, Allocation of Department, Absorption, Seniority, Amendment of Service Rules

Service Law Selection Allocation of Department Absorption Seniority Amendment of Service Rules

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Union of India and Ors.

Petitioner

Shri Parmanand

Respondent

Procedural Posture

Special Leave Petition (c) / Civil Appellate Jurisdiction Order on Special Leave Petition

Legal Issues

1 Whether the respondent, selected as Assistant Engineer by UPSC, is entitled to absorption in CPWD under Rule 15 of the Combined Services Examination Rules, 1989, prior to amendment in 1990.

Ratio Decidendi

Court Disposition

Petition dismissed

Orders

Special leave petition dismissed
Tribunal's direction to absorb applicant in CPWD with all consequential benefits as regards seniority stands confirmed