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2010 Supreme(SC) 1549

DALVEER BHANDARI, H.L.GOKHALE
Union of India – Appellant
Versus
Sukesh Kumar Nayak – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Binu Tamta, Ms. Sadhana Sandhu, Ms. Samridhi Sinha, S.N. Terdal, Ms. Sushma Suri.
For the Respondents: K.L. Bhandula, Ashwani Bhardwaj.

JUDGMENT :

DALVEER BHANDARI, J.

1. This appeal is directed against the judgment and order dated 6.11.2003 passed by the High Court of Delhi in Civil Writ No. 3000 of 2003. Brief facts which are necessary to dispose of this appeal are recapitulated as under.

2. The Directorate General of Security (for short ‘DGS’) under Cabinet Secretariat had four units:

(1) (2) (3) (4)

Special Service Bureau (SSB) Aviation Research Centre (ARC) Special Frontier Force (SFF) Chief Inspectorate of Armament (CIOA)

These four units had a common and combined DGS (Secretarial) Service with inter se seniority and the inter unit transfer liability having 4 cadres:

(1) Secretarial

(2) Ministerial

(3) Accounts

(4) Stenographers

3. The respondent was directly recruited as Assistant in the year 1995 in the Special Service Bureau. In 1996, he requested for his transfer to another unit Aviation Research Centre but he could not be transferred for administrative reasons.

4. It may be pertinent to mention here that the Union of India took a policy decision in January, 2001, to transfer the administrative control of the Special Service Bureau and the Chief Inspectors of Armaments from the Cabinet Secretariat to the Ministry of

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