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B.P.JEEVAN REDDY, J.S.VERMA
Union Of India – Appellant
Versus
S. L. Abbas – Respondent
The principle that the government should extend a legal principle or benefit to all similarly situated employees is rooted in the concept of fairness and equality before the law. When the government accepts a particular rule or guideline for a specific group of employees, it is generally expected to apply the same rule uniformly to other employees who are in comparable circumstances to prevent discrimination and reduce the likelihood of unnecessary litigation. This approach promotes consistency in administrative decisions and upholds the constitutional guarantee of equality.
In the context of transfer policies, if guidelines or administrative instructions are established to benefit certain employees based on specific considerations, such as health or family circumstances, it is equitable that these benefits are extended to all employees who are similarly situated. Failure to do so may lead to claims of discrimination or arbitrary treatment, prompting legal challenges. Therefore, adherence to this principle encourages administrative fairness and helps in maintaining harmonious employer-employee relations while minimizing legal disputes.
JUDGMENT
B.P. JEEVAN REDDY, J.:—Heard counsel for the parties. Leave granted.
2. Respondent is a Garden Curator in the Office of the Scientist - SE, Botanical Survey of India, Eastern Circle, Shillong. By order dated January 29, 1991 he was transferred from Shillong to Pauri (Uttar Pradesh) by the Senior Administrative Officer, office of the Director, Botanical Survey of India, (Ministry of Environment and Forests, Government of India). As many as 19 persons were transferred under the said order, including the respondent. The respondent has been working in Shillong since the year 1979.
3. The respondent approached the Gauhati Bench of the Central Administrative Tribunal (Original Application No. 33 of 1991) questioning the order of his transfer. He submitted that his wife is also employed at Shillong in an office of the Central Government, that his children are studying at Shillong and further that he himself had suffered back-bone fracture injuries some time ago. He submitted that the guidelines contained in Government of India O.M. dated 3-4-1986 have not been kept in mind while ordering his transfer. He complained that some other officials who have been serving at Shillong for a
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