2018 (1) TMI 1277 - SC - Indian Laws

Regularization in the post of Inspector made by the appellant in pursuance of the merger of the cadres which took place on 19-1-2003 under the Inspector Examiner Recruitment Rules, 2002 - Held that - it was directed that appellant s services should be regularised on the basis of seniority determined in accordance with Clause 12 of the Rules - petition dismissed.

Summary

Issues:
1. Regularization claim for the post of Inspector
2. Basis of seniority for regularization
3. Validity of Circular No. 41/2003 affecting Ministerial Cadre

Regularization Claim for the Post of Inspector:
The appeal before the Supreme Court involved a claim for regularization in the post of Inspector following the merger of cadres under the Inspector Examiner Recruitment Rules, 2002. The appellant sought regularization based on seniority determined after the merger, citing the Rules and the precedent set by the Court in the case of Dhole Govind Sahebroo & Ors. v. Union of India & Ors., (2015) 6 SCC 727. The Court, in its judgment, directed that the appellant's services be regularized based on seniority as per Clause 12 of the Rules and in accordance with the law laid down in the aforementioned case.

Basis of Seniority for Regularization:
The only contention raised by the appellant's counsel was regarding the basis on which the services should be regularized, emphasizing seniority as determined post-merger in compliance with the Rules and the legal principles established by the Court in the case of Dhole Govind Sahebroo & Ors. The Court, in response to this argument, specifically directed the regularization of the appellant's services to be carried out based on the seniority determined according to Clause 12 of the Rules and the legal precedent established in the referenced case.

Validity of Circular No. 41/2003 Affecting Ministerial Cadre:
In a separate matter, the Central Administrative Tribunal, Madras Bench, had invalidated Circular No. 41/2003, dated 10-6-2003, which was later upheld by the High Court as it was deemed to unjustly impact the Ministerial Cadre. The Supreme Court, dealing with the special leave petition related to this issue, dismissed the petition in line with the decisions of the lower courts, thereby affirming the quashing of the circular that was unfavorable to the Ministerial Cadre.

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