In Brief
Four officers (Raja Singh, Makrand Prasad, Dharam Deo Tripathi, and Hem Raj Singh) were selected and appointed to the newly created post of District Minority Welfare Officer in Uttar Pradesh in 1997, prior to the enactment of the 2001 Service Rules governing that cadre. Their appointment letters stated the positions were temporary and for two years. The State later rejected their requests for absorption, arguing the 2001 Rules provided no mechanism for absorption of deputationists. The High Court dismissed their writ petition. The Supreme Court reversed this, holding that appointments made by selection prior to the Rules coming into force constitute substantive appointments under the Rules' definition, not deputation. The officers are therefore entitled to absorption in the Minority Welfare Department.
The lawyer headnote and full judgment text are available to registered users.