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Supreme Court of India 2019-05-06 allowed

Raja Singh & Anr vs State of U.P. & Anr

Bench: 2 — R. Banumathi

In Brief

This case involved four government officers appointed as District Minority Welfare Officers in 1997 on a stated deputation basis for two years, before service rules were framed in 2001. The officers applied for absorption into the department but were denied based on the new rules, which provided only for direct recruitment and promotion. The Supreme Court held that officers appointed prior to the rules' enactment cannot be denied absorption rights retroactively. Since they were selected through interview (not merely deputed) and continued employment beyond two years without formal repatriation, they qualified as substantive members of the service. The Court allowed their absorption and directed payment of retiral benefits and pension as admissible to the District Minority Welfare Officer cadre.

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Civil Service Law Service Rules Absorption Deputation Substantive Appointment Administrative Law

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