VIRENDRA KRISHNA MISHRA versus UNION OF INDIAAND OTHERS

VIRENDRA KRISHNA MISHRA versus UNION OF INDIAAND OTHERS

Cadre Review Committee's encadrement only of DRC posts, ignoring TIO and IO posts, is arbitrary and violates Article 14. All posts, being equal in status, grade, pay, and professional content, with a shared feeder cadre and seniority, must be treated alike. The Union of India must encadre all seven posts under the...

Source-derived case information.

Parties
Appellant: Virendra Krishna Mishra; Respondent: Union of India; Respondent: Andaman and Nicobar Administration; Respondent: Others
Jurisdiction
India
Judgment Date
31 October 2014
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Encadrement of Posts, Equality Before Law, Discrimination Under Article 14
Service Law Constitutional Law Encadrement of Posts Equality Before Law Discrimination Under Article 14

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Parties

Virendra Krishna Mishra

Appellant

Union of India

Respondent

Andaman and Nicobar Administration

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether limiting encadrement only to Deputy Resident Commissioners, excluding Information Officers and Tourist Information Officers, violates Article 14 of the Constitution.
  2. 2 Whether the Cadre Review Committee's decision is arbitrary and discriminatory.

Ratio Decidendi

Cadre Review Committee's encadrement only of DRC posts, ignoring TIO and IO posts, is arbitrary and violates Article 14. All posts, being equal in status, grade, pay, and professional content, with a shared feeder cadre and seniority, must be treated alike. The Union of India must encadre all seven posts under the Andaman and Nicobar Islands Administration, effective the same date.

Court Disposition

Appeal allowed

Orders

  • Union of India directed to encadre all seven posts (Information Officer, Tourist Information Officer, and Deputy Resident Commissioner) under the Andaman and Nicobar Islands Administration forthwith.
  • Encadrement to take effect from the date of notification.