UNION OF INDIA vs A. SHAINAMOL, IAS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 634

HEMANT GUPTA, V.RAMASUBRAMANIAN
UNION OF INDIA – Appellant
Versus
A. SHAINAMOL, IAS – Respondent

Advocates Appeared:
For the Appellant(s) :K.M.Nataraj, ASG Col. R. Balasubramaniam, Raghavendra S.Srivatsa, Mukul Singh, P.S.Sudheer, Arvind Kumar Sharma, Advocates
For the Respondent(s):Haris Beeran, Mushtaq Salim, Usman Ghani Khan, Azhar Assees, Pallavi Pratap, Jishnu, M. L. Adv, G. Prakash, Priyanka Prakash, Beena Prakash, Advocates

JUDGMENT :

HEMANT GUPTA, J.

1. The present appeals, at the instance of Union of India¹[For short, the ‘Union’], are directed against an order passed by the High Court of Kerala at Ernakulam on 28.02.2017 whereby the appellant was directed to allocate the respondent²[For short, the ‘Applicant’] herein to the Kerala cadre of the All-India Service.

2. The applicant is a candidate seeking appointment to the All-India Services in pursuance of the Civil Services Examination-2006³[For short, the ‘CSE-2006’]. The applicant was successful as she found her name at Serial No. 20 of the candidates selected by the Union Public Service Commission, ⁴[For short, the ‘Commission’]. She belongs to Muslim community and also to the Other Backward Class⁵[For short, the ‘OBC’]. She was allotted Himachal Pradesh cadre after the Union sought the consent of Himachal Pradesh government on 13.11.2007, which was duly received on 17.12.2007.

3. It is thereafter that the applicant filed an Original Application under Section 19 of the Administrative Tribunals Act, 1985 before the Ernakulam Bench of the Central A

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2021 Supreme(SC) 634

HEMANT GUPTA, V.RAMASUBRAMANIANUNION OF INDIA – AppellantVersusA. SHAINAMOL, IAS – Respondent

HEMANT GUPTA, V.RAMASUBRAMANIAN
UNION OF INDIA – Appellant
Versus
A. SHAINAMOL, IAS – Respondent