G H STATE OF BIHAR & ORS. versus DR. CHAITRAYA KUMAR SINGH & ORS.

G H STATE OF BIHAR & ORS. versus DR. CHAITRAYA KUMAR SINGH & ORS.

Where an employee allocated to another State fails to pursue legal remedies for enforcement of transfer, continues service and retires in the original assigned State, subsequent relief or absorption by transferee State cannot be directed by the Court, especially when no vacancy exists.

Parties
Appellant: State of Bihar & Ors.; Respondent: Dr. Chaitraya Kumar Singh & Ors.
Jurisdiction
India
Judgment Date
19 July 2019
Procedural Posture
Civil Appeal / Appeal From High Court Division Bench Decision
Outcome
Appeal allowed; impugned judgment and order of High Court set aside.
Legal Topics
Transfer, Re Organisation of States, Bifurcation of State, Allocation of State Employees, Superannuation
Service Law Transfer Re Organisation of States Bifurcation of State Allocation of State Employees Superannuation

Case Brief

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Parties

State of Bihar & Ors.

Appellant

Dr. Chaitraya Kumar Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Division Bench Decision

Legal Issues

  1. 1 Whether the respondent is entitled to be absorbed by the State of Bihar after retirement from State of Jharkhand due to re-allocation order.
  2. 2 Whether the High Court erred in directing the State of Bihar to accept the respondent as its employee.

Ratio Decidendi

Where an employee allocated to another State fails to pursue legal remedies for enforcement of transfer, continues service and retires in the original assigned State, subsequent relief or absorption by transferee State cannot be directed by the Court, especially when no vacancy exists.

Court Disposition

Appeal allowed; impugned judgment and order of High Court set aside.

Orders

  • Appeal allowed.
  • High Court judgment and order dated 5 November 2018 set aside.