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Supreme Court of India 2018-03-06 disposed

V. Padmakumar vs S. Chandrasekharan Potty & Ors

Bench: 2 — Kurian

In Brief

A dispute arose between two temple employees over who should be transferred to Neyyattinkara Deveswom based on station seniority. The appellant claimed priority based on station seniority from the date of application submission, while the first respondent (due to retire soon) argued that the date of the transfer order should determine seniority. The Supreme Court held that station seniority must be calculated from the last date of application submission as per the circular's cut-off date, not from the transfer order date. While this favored the appellant legally, the Court exercised its discretionary powers under Article 142 to allow the first respondent to continue at his post until retirement, after which the appellant would take over.

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Constitutional Law Administrative Law Transfer and Seniority Article 142 Relief Public Employment

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