DGM, Component Indian Telephone Industry & Ors Vs. Kailash Nath Chaturvedi & Ors [2008] Insc 281 (25 February 2008)

Cji K.G. Balakrishnan & R.V. Raveendran

O R D E R CIVIL APPEAL NO.1579 OF 2008 (Arising out of SLP (C) No.20006/2006)

Leave granted.

Heard learned counsel for the parties.

We are told that respondent no.1 has joined the place where he is transferred on 21.12.2006. Nothing, therefore survives in the matter. Transfer is an incidence of service.

The order of the High Court interfering with the transfer is set aside.

The appeal is allowed accordingly.

However, the respondent would be at liberty to pursue his claim for arrears in accordance with law, in respect of the period he has not been paid salary i.e. from February to December, 2006. This observation is not, however, to be construed as recognizing or accepting his claims.

 

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