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SUREPALLI NANDA, UJJAL BHUYAN
Union of India, through the Secretary, Department of Personnel & Training – Appellant
Versus
Somesh Kumar – Respondent
| Table of Content |
|---|
| 1. facts of the case (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. litigation background and claims raised (Para 9 , 10) |
| 3. arguments presented by the petitioner (Para 11) |
| 4. state's position and support for petitioner (Para 12 , 14) |
| 5. rejoinder by respondent (Para 13) |
| 6. responses from respondent's counsel (Para 17 , 18) |
| 7. consideration of arguments and legal issues (Para 19 , 20 , 21) |
| 8. cat's judgment framework and issues considered (Para 23) |
| 9. legal framework regarding all india services (Para 24) |
| 10. overview of statutory provisions (Para 25 , 26 , 27) |
| 11. regulations applicable to the case (Para 28 , 29) |
| 12. provisions regarding services during state bifurcation (Para 30 , 31) |
| 13. establishment of advisory committees under reorganization act (Para 32) |
| 14. constitution of advisory committees and recommendations undertakings (Para 33 , 34 , 35) |
| 15. recommendations for allocation and resulting allocations (Para 36) |
| 16. implementation and practical ramifications of the allocation process (Para 37 , 38) |
| 17. analysis of cat's rationale and findings (Para 39 , 40 , 41) |
| 18. review of guidelines and cat's findings (Para 42) |
| 19. discussion on inclusion of committee member with potential conflic |
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....
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.
Allocation of state cadre employees must consider spouse factors and local status as per guidelines under the Andhra Pradesh Reorganization Act, 2014.
The allocation of cadre to IPS officers must adhere to the principles of equality and the insider-outsider roster as per the Cadre Allocation Policy.
Allocations of posts in public service must follow seniority and established procedures, with options processed as per the applicable guidelines.
Notional service from delayed appointment due to State error counts for IPS promotion eligibility via Rule 3 relaxation of 8-year requirement; mechanical rejection quashed, mandating Review Committee....
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