UNNI MENON versus UNION OF INDIA & ORS.

UNNI MENON versus UNION OF INDIA & ORS.

CAT is an independent entity, its cadre hierarchy is governed by Recruitment Rules, 1990 which do not include a post of Sr. Accounts Officer. The Office Memorandum dated 22nd September, 1992 pertains only to 'Organized Accounts Cadres' and is not applicable to CAT. Appellant, having lost lien in parent department and being absorbed in CAT, cannot claim benefit of the Memorandum or parity with promotions in parent department.

Parties
Appellant: Unni Menon; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
07 January 2011
Procedural Posture
Civil Appeal / Final Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Promotion, Cadre Classification, Central Administrative Tribunal, Recruitment Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Unni Menon

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal From High Court

  1. 1 Whether appellant is entitled to promotion as Sr. Accounts Officer in CAT based on Official Memorandum dated 22nd September, 1992
  2. 2 Whether Accounts Department in CAT falls within 'Organized Accounts Cadres'

Ratio Decidendi

CAT is an independent entity, its cadre hierarchy is governed by Recruitment Rules, 1990 which do not include a post of Sr. Accounts Officer. The Office Memorandum dated 22nd September, 1992 pertains only to 'Organized Accounts Cadres' and is not applicable to CAT. Appellant, having lost lien in parent department and being absorbed in CAT, cannot claim benefit of the Memorandum or parity with promotions in parent department.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; orders of High Court and CAT affirmed; appellant not entitled to promotion as Sr. Accounts Officer in CAT