Union of India Vs. Anil Kumar [1994] INSC 392 (21 July 1994)

Kuldip Singh (J) Kuldip Singh (J) Punchhi, M.M. Ramaswamy, K.

CITATION: 1994 SCC (6) 49 1994 SCALE (3)622

ACT:

HEAD NOTE:

ORDER

1. We have today pronounced judgment in Union of India v. Rajiv Yadav, IAS1. The appeal has been allowed, the impugned judgment of the Central Administrative Tribunal has been set aside and the principles of "cadre allocation" for reserved candidates have been upheld.

2. In view of our judgment in Rajiv Yadav case 1 this appeal by the Union of India has to be allowed. For the reasons given and the conclusions reached by us in Rajiv Yadav case1, we allow this appeal, set aside the impugned judgment of the tribunal dated 1-10-1992 and dismiss the application filed by Anil Kumar before the tribunal.

3. Anil Kumar is an IPS officer of 1989 batch. Although he was allocated to Assam-Meghalaya cadre, but as a result of the interim orders of the Central Administrative Tribunal he is serving in the Uttar Pradesh cadre. He has also undergone district training in Uttar Pradesh in Hindi language. In the facts and circumstances of this case, despite our reversing the tribunal's judgment, we direct that Anil Kumar shall continue to be allocated to the Uttar Pradesh cadre. This will, however, not debar the Central Government from transferring Anil Kumar from one cadre to another in terms of Rule 5(2) of the Cadre Rules on any justifiable grounds arising after this judgment. The appeal is allowed in the above terms.

No costs.

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