NOHIRIA RAM vs THE UNION OF INDIA AND OTHERS(with connected appeal)

The Supreme Court held that the creation of an additional post outside the regular cadre is within the competence of the appropriate authority, as per Fundamental Rule 127, which governs the recovery of costs for such posts. The appellant's claim to be a member of the permanent regular ministerial establishment was rejected, as the post he held was not constituted into a separate cadre and did not confer any rights to regular cadre appointments. The court concluded that the appellant's transfer on 'foreign service' did not alter his status as he remained outside the regular cadre, affirming the decision of the lower courts.