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Supreme Court of India 2018-03-06 disposed

V. Padmakumar vs S. Chandrasekharan Potty & Ors

Bench: 2 — Kurian

In Brief

This case concerns a dispute between two temple employees over transfer to Neyyattinkara Deveswom. The appellant and first respondent both sought transfer, claiming station seniority—the respondent argued that the date of the transfer order should determine seniority, while the appellant relied on the application submission date. The Supreme Court held that station seniority must be reckoned from the last date of application submission, as prescribed in the transfer circular's cut-off date, not the transfer order date. This prevents arbitrary delays that could manipulate eligibility. Given the respondent's imminent retirement (31 July 2018), the Court exercised Article 142 jurisdiction to allow the respondent to continue until retirement, with the appellant to be posted thereafter for three years.

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Administrative Law Service Law Transfer Posting Seniority Constitutional Remedy Article 142

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