Full Judgment Text
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PETITIONER:
A. HAMSAVENI
Vs.
RESPONDENT:
STATE OF T.N.
DATE OF JUDGMENT21/07/1994
BENCH:
SAHAI, R.M. (J)
BENCH:
SAHAI, R.M. (J)
SINGH N.P. (J)
CITATION:
1994 SCC (6) 51 JT 1994 (4) 651
1994 SCALE (3)656
ACT:
HEADNOTE:
JUDGMENT:
ORDER
1. We have today pronounced judgment in Union of India v.Rajiv
Yadav, IAS1. The appeal has been allowed, the impugned
judgment of the Central Administrative Tribunal has been set
aside and the principles of "cadre allocation" for reserved
candidates have been upheld.
2.In view of our judgment in Rajiv Yadav case 1 this
appeal by the Union of India has to be allowed. For the
reasons given and the conclusions reached by us in Rajiv
Yadav case1, we allow this appeal, set aside the impugned
judgment of the tribunal dated 28-4-1992 and dismiss the
application filed by Ms Anju Gupta before the tribunal.
3.Anju Gupta is an IPS officer of 1990 batch. Although
she was allocated to Himachal Pradesh cadre, as a result of
the interim orders of the Central Administrative Tribunal
she is serving in the Uttar Pradesh cadre. She has also
undergone training in Uttar Pradesh in the Hindi language.
In the facts and circumstances of this case, despite our
reversing the tribunal’s judgment, we direct that Anju Gupta
shall continue to be allocated to the Uttar Pradesh cadre.
This will, however, not debar the Central Government from
transferring Anju Gupta from one cadre to another in terms
of Rule 5(2) of the Cadre Rules on any justifiable ground
arising after this judgment. The appeal is allowed in the
above terms. No costs.
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