Supreme Court of India · 2017-11-23
REGIONAL DIR.E.S.I CORP.. vs SOUMITRA SENGUPTA .
- Citation / case number
- SC 2010/15989
- Court
- Supreme Court of India
- Petitioner
- REGIONAL DIR.E.S.I CORP..
- Respondent
- SOUMITRA SENGUPTA .
- Author
- HON'BLE MR. JUSTICE KURIAN JOSEPH
- Bench
- HON'BLE MR. JUSTICE AMITAVA ROY HON'BLE MR. JUSTICE KURIAN JOSEPH
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the inter-regional transfer of the first respondent, emphasizing that the transfer from Maharashtra to Orissa was improperly executed as it designated him as a Lower Division Clerk (LDC) instead of his actual position as Upper Division Clerk (UDC). The Court ruled that the first respondent should be considered for the UDC vacancy in Orissa at the time of transfer, but since that position was already filled, he would only receive notional benefits until his actual promotion in 2011. The appeal was dismissed with a directive for consequential orders to be passed within three months.