Union of India Vs. Anil Kumar  INSC 392 (21 July 1994)
Singh (J) Kuldip Singh (J) Punchhi, M.M. Ramaswamy, K.
1994 SCC (6) 49 1994 SCALE (3)622
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.
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.
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.