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SANJAY KAROL, N. KOTISWAR SINGH
Rajendra Singh Bora – Appellant
Versus
Union of India – Respondent
Key Points: - The judgment distinguishes between transfer and change in cadre, asserting they are distinct with different legal/administrative consequences. (!) - Cadre allocation follows three criteria: option, domicile, and inclusion of junior most personnel in reverse seniority; appellant’s request to reallocate to Uttarakhand should have been acceded. (!) (!) - When exceptional medical/mental-family hardship cases apply, allocation is to be based on employee’s option; appellant’s hill cadre should have translated to the successor State appointment. (!) (!)
JUDGMENT :
SANJAY KAROL, J.
Leave Granted.
2. Rajendra Singh Bora - the employee challenges a decision of the High Court of Judicature at Allahabad, passed in Writ A No. 20783 of 2013 on 11.04.2018 whereby he had requested the Court to issue a mandamus to the States of Uttar Pradesh and Uttaranchal, thereby effecting his change of cadre from Uttar Pradesh to Uttarakhand, on account of the fact that when he appeared for the Combined Lower Subordinate Service Examinations in 1995, he had opted for ‘hill region’ posting, which was rejected.
3. The facts giving rise to the present appeal lie in a narrow compass. The appellant appeared for and cleared the competitive exam mentioned above, conducted by the Uttar Pradesh Subordinate Services Selection Commission, Lucknow, with what could be considered good marks i.e., 672 in total out of 900. The mark-sheet reflecting the said result as obtained is Annexure-P-3. While opting for, Sub-Deputy Inspector of Schools, his preference was the ‘hill area of Uttar Pradesh’. Despite such a situation, the appellant was not appointed for the reason that he only submitted his B.Ed (Bachelor of Education marksheet) at the time of interview and not with the
(1) Transfer – Distinction between transfer and change in cadre – Two operate in entirely different domains and carry different legal and administrative consequences.(2) Cadre – In an exceptional cas....
The allocation of cadre in the IAS is governed by strict principles that prioritize category-specific vacancies, and candidates do not have a right to claim allocation to their home state.
Cadre – Scope of change – Finality has to be attached to process of selection.
Judicial intervention in cadre allocation is limited; rectifications post long delays can destabilize existing management unless egregious errors are proven.
The main legal point established in the judgment is that the Respondent was entitled to be allocated to the State of Telangana even on spouse ground and the Union of India erred in rejecting the requ....
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