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Supreme Court of India 2018-08-29 allowed

Krishan Kumar Madan and Ors vs Ashok Kumar and Ors

Bench: 3 — D.Y. Chandrachud

In Brief

This case concerned employees selected for appointment in U.P. before state reorganization but formally appointed after the cut-off date. The High Court ruled they remained U.P. employees and could not transfer to Uttarakhand. The Supreme Court reversed this, holding that the Central Government's 2004 directive permitting inter-state transfer by mutual consent was valid. The appointment letters expressly allowed allocation to either successor state, and both states had consented to the transfer. Without reliance on statutory allocation, the consent-based mechanism under Central Government direction was procedurally sound and did not suffer from infirmity. The Court thus allowed the appeal and set aside the High Court's judgment.

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Administrative Law State Reorganization Service Law Personnel Transfer Constitutional Powers

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