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march 2025

Supreme Court of India · 2025-03-25

The Secretary To Government Department ... vs K. C. Devaki

Court
Supreme Court of India
Petitioner
The Secretary To Government Department ...
Respondent
K. C. Devaki
Author
Pamidighantam Sri Narasimha
Bench
Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court examined whether a government employee's transfer or reappointment affects their seniority, and whether such seniority depends on whether the transfer was in public interest or at the employee's request. The court emphasized that employment governed by administrative rules is based on status, and the primary legal question pertains to the applicable rules rather than the executive action itself. The judgment clarifies that seniority considerations are linked to the rules governing service, not the reasons for transfer. The court's decision underscores the importance of administrative rules in determining seniority in government employment.

The Secretary To Government Department ... vs K. C. Devaki · Niyam