2009 (8) TMI 1172 - SC - Indian Laws

Summary

Issues involved: Interpretation and application of circular letters issued by CBDT dated 14.5.1990 for inter-charge transfers, discrimination in transfer decisions, applicability of estoppel in transfer cases.

Interpretation of Circular Letters by CBDT:
- Respondents applied for transfer from Gujarat Charge to Kerala Charge based on circular dated 14.5.1990.
- Circular specified the process for transfer requests and conditions for accommodation against vacancies.
- Despite no UDC vacancies in Kerala Charge, respondents voluntarily agreed to transfer to LDC positions.
- Order of transfer issued based on their willingness and undertakings provided.

Discrimination in Transfer Decisions:
- Respondents' representations for transfer to UDC positions were rejected despite similar cases being approved.
- Tribunal dismissed their application citing differences in cases and lack of impleaded parties.
- High Court found discrimination, criticized the transfer process, and emphasized fairness in transfer decisions.

Applicability of Estoppel in Transfer Cases:
- Appellant argued respondents were estopped from challenging transfer due to voluntary agreement.
- Respondents contended discrimination in transfer decisions and pointed out their current UDC positions post-High Court judgment.
- Court highlighted the importance of compliance with circular guidelines and necessity of clear vacancies for transfers.

Conclusion: The Supreme Court set aside the High Court's judgment, emphasizing compliance with circular guidelines and the absence of power for relaxation in transfer decisions. The Court recognized the positive concept of equality under Article 14 of the Constitution and the principle of estoppel in transfer cases. The appeal was allowed, but the first respondent's seniority was to be counted from the date of joining the U.D.C. post, without reverting to the L.D.C. position.