Union of India & Ors. Vs. H.A. Khan
EmailAppeal: Civil Appeal No. 6243 of 1990
Petitioner: Union of India & Ors.
Respondent: H.A. Khan
Apeal: Civil Appeal No. 6243 of 1990
Judges: S.P. BHARUCHA, A.P. MISRA & N. SANTOSH HEGDE, JJ.
Date of Judgment: Jan 25, 2000
Head Note:
SERVICE LAWS
Constitution
Article 14 – Seniority – Reckoning of – Employee transferred in interest of service. Held that High Court was right in holding that employee/driver was entitled to count sen-iority as clerk from the date he was appointed.
(Para 1)
JUDGEMENT:
ORDER
1. There is no merit in this appeal. A case is being made out in this Court which was never made out in the High Court. An under-taking is being relied upon which was never produced before the High Court. Upon the material document, namely the order of transfer, the High Court was right in coming to the conclusion that the transfer was in the interest of service and that, there-fore, the respondent was entitled to count his seniority as a clerk from the date on which he was appointed as a driver in the Army.
2. The civil appeal is dismissed with costs.
1. There is no merit in this appeal. A case is being made out in this Court which was never made out in the High Court. An under-taking is being relied upon which was never produced before the High Court. Upon the material document, namely the order of transfer, the High Court was right in coming to the conclusion that the transfer was in the interest of service and that, there-fore, the respondent was entitled to count his seniority as a clerk from the date on which he was appointed as a driver in the Army.
2. The civil appeal is dismissed with costs.
