UNION OF INDIA versus A.R. SHINDE & ANR.

UNION OF INDIA versus A.R. SHINDE & ANR.

The appointment and extension of Respondent No. 2 by transfer on deputation were valid as per recruitment rules since no eligible candidate for promotion existed; eligibility criteria required experience of the specified type, not literal '18 years' supervisory experience.

Parties
Appellant: Union of India; Respondent No. 1: A.R. Shinde; Respondent No. 2: Suresh Mathur
Jurisdiction
India
Judgment Date
19 February 1987
Procedural Posture
Civil Appeal / Appeal From Central Administrative Tribunal
Outcome
Appeal allowed; Tribunal's order set aside.
Legal Topics
Appointment by Transfer on Deputation, Eligibility Criteria for Director General AIR, Interpretation of Recruitment Rules
Civil Service Law Administrative Law Appointment by Transfer on Deputation Eligibility Criteria for Director General AIR Interpretation of Recruitment Rules

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Parties

Union of India

Appellant

A.R. Shinde

Respondent No. 1

Suresh Mathur

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal

Legal Issues

  1. 1 Whether appointment by transfer on deputation to Director General, AIR was valid
  2. 2 Whether '18 years' experience in supervisory capacity' is required as eligibility for transfer on deputation

Ratio Decidendi

The appointment and extension of Respondent No. 2 by transfer on deputation were valid as per recruitment rules since no eligible candidate for promotion existed; eligibility criteria required experience of the specified type, not literal '18 years' supervisory experience.

Court Disposition

Appeal allowed; Tribunal's order set aside.

Orders

  • Judgment and order of Central Administrative Tribunal set aside.
  • No order as to costs.