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Supreme Court of India 2020-02-05 allowed

SHRI GOVINDA CHANDRA TIRIA vs SIBAJI CHARAN PANDA

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

An employee of the Ministry of Environment & Forests was initially posted on deputation to a regional office, then permanently absorbed with his explicit acceptance of terms making him a 'fresh appointee' ranking junior-most in the cadre. Years later, the High Court set aside the resulting seniority list, applying a prior Supreme Court judgment on deputation rules. The Supreme Court held that once an employee knowingly accepts absorption terms, he cannot later challenge them. The transfer was not in 'public interest' (being at the employee's personal insistence). However, as he had earned promotions during lengthy litigation, the Court allowed the appeals but prevented demotion by creating a supernumerary post, maintaining the correct seniority list without harming his rank.

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Administrative Law Service Law Seniority Deputation Permanent Absorption Government Employment Civil Service

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