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1971 Supreme(Del) 135

HARDAYAL HARDY, V.S.DESHPANDE
S. K. SRIVASTAVA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.Kirpal, B.N.SEN, R.K.Malik, S.L.VATEL

V. S. DESHPANDE, J.

( 1 ) THE nature of the power of the Government to transfer a Government servant from one post to another and the limitations on the extent of such power and when a person so transferred can be said to be "removed or reduced in rank" within the meaning of Article 311 (2) of the Constitution are some of the questions which arise for decision in this case.

( 2 ) THE petitioner joined the Imperial Customs Service on 7th September 1948. He was confirmed in the senior scale posts of Assistants Collector of Customs on 1st January 1956. On 12th August 1959 by an executive resolution of the Government of India, the Indian Customs Service Class I and the Central Excise Service Class I were integrated with effect from 15th August 1959 and the inter se seniority of the integrated service as validity determined as was held by one of us (Deshpande J.) in R. Pershad v. Union of India; (Civil Writ 358 of 1968 decided on 31-5-1958 (1 ). In the seniority list of officers holding the posts of Collectors of Customs and/or Central Excise on 1st April 1959 (Annexure R-1 to the counteraffidavit of the Government) the petitioner stood as No. 24. In the revised seniority list of all th











































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