S.S. KARMALKAR & OTHERS ETC. versus IBRAHIM HUSSENI TAMBOLI & OTHERS ETC.

S.S. KARMALKAR & OTHERS ETC. versus IBRAHIM HUSSENI TAMBOLI & OTHERS ETC.

The Food & Civil Supplies Department, Sholapur, has a separate and independent existence and is not part of the Revenue Department. As the appellants belonged to a different department, their promotions are governed by the rules of that department. There was no material to show appellants were absorbed in the...

Source-derived case information.

Parties
Appellants: S.S. Karmalkar & Others; Respondents: Ibrahim Husseni Tamboli & Others; Appellant: State of Maharashtra
Jurisdiction
India
Judgment Date
31 October 1988
Procedural Posture
Civil Appeal / Supreme Court Final Decision on Appeals, Suit, and Writ Petitions
Outcome
Appeals allowed. Suit, appeals, and writ petitions dismissed.
Legal Topics
Departmental Distinction, Promotion Rules, Deputation, Absorption of Staff, Statutory Rationing, Violation of Articles 14 and 16
Civil Services Administrative Law Departmental Distinction Promotion Rules Deputation Absorption of Staff Statutory Rationing Violation of Articles 14 and 16

Source-derived case record

Summary, issues, holding and outcome

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Parties

S.S. Karmalkar & Others

Appellants

Ibrahim Husseni Tamboli & Others

Respondents

State of Maharashtra

Appellant

Procedural Posture

Civil Appeal / Supreme Court Final Decision on Appeals, Suit, and Writ Petitions

Legal Issues

  1. 1 Whether Food & Civil Supplies Department, Sholapur, is a separate and independent department or part of the Revenue Department
  2. 2 Whether appellants were absorbed in the Revenue Department after abolition of statutory rationing
  3. 3 Whether promotions of appellants were governed by rules of an independent department

Ratio Decidendi

The Food & Civil Supplies Department, Sholapur, has a separate and independent existence and is not part of the Revenue Department. As the appellants belonged to a different department, their promotions are governed by the rules of that department. There was no material to show appellants were absorbed in the Revenue Department; the suit and appeals by private respondents are dismissed.

Court Disposition

Appeals allowed. Suit, appeals, and writ petitions dismissed.

Orders

  • Judgment of the High Court, trial court, and lower appellate court set aside.
  • No order as to costs.