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D. Y. CHANDRACHUD, VIKRAM NATH
S. K. Nausad Rahaman – Appellant
Versus
Union of India – Respondent
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, J.
| (A) | Facts | 4 |
| (B) | Relevant circulars and notifications | 10 |
| (B-1) | Executive Instructions issued by DoPT | 10 |
| (B-2) | Circulars issued by Department of Revenue, Ministry of Finance | 14 |
| (C) | Submissions | 19 |
| (D) | Analysis | 26 |
(A) Facts
1. A Division Bench of the High Court of Kerala dealt with a batch of petitions under Article 226 of the Constitution challenging the orders of the Central Administrative Tribunal on the issue of the withdrawal of Inter-Commissionerate Transfers1 [“ICT”]. The High Court has come to the conclusion that the Central Excise and Customs Commissionerates Inspector (Central Excise, Preventive Officer and Examiner) Group ‘B’ Posts Recruitment Rules 20162 [“Recruitment Rules 2016” or “RR 2016”] do not contain any provision for ICTs and on the contrary, stipulate that each Cadre Controlling Authority3 [“CCA”] will have its own separate cadre, unless otherwise directed by the Central Board of Excise and Customs. The High Court held that ICTs would violate the unique identity of e
(1) Transfer – Transfer in an All India Service is an incident of service – An employee has no fundamental right or a vested right to claim a transfer or posting of their choice.(2) Administrative in....
Employees have no vested legal right to claim inter-cadre transfer or permanent absorption into a different regional cadre where statutory recruitment rules do not explicitly permit it. Executive ins....
The judgment emphasizes the authority of the executive to make policy decisions and the limitations of judicial review in interfering with such decisions. It also highlights the interpretation of Rec....
The court upheld the Circular dated 20.09.2018 and emphasized the need for the competent authority to decide representations within two months from the receipt, in line with the judgment of the Apex ....
Inter-cadre transfer requests based on spousal grounds must be honored, and reasons such as officer shortages are insufficient to deny such requests under constitutional rights to family life.
Lt. Governor competent to frame recruitment rules for UT subordinate services under Article 309 proviso; cadre restructuring/abolition of posts is executive policy not amenable to judicial review abs....
The court established that administrative circulars regarding transfers must align with statutory rules, and while such circulars can guide policy, they do not create vested rights that override exis....
Inaction by parent cadre on inter-cadre transfer request for spouse co-location, despite receiving cadre consent, is unjustified; officer shortage not valid to delay indefinitely; time-bound NOC, tra....
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