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Arvind Kumar Gupta v. Principal Secretary, Medical Health & Family Welfare, Uttarakhand & Ors.

Civil Appeal · 2017 INSC 651Decided 20 Jul 2017
Civil Appeal No. 9390 of 2013
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant was a Drug Inspector who, following the division of Uttar Pradesh and creation of Uttarakhand under the Uttar Pradesh Re-Organisation Act, 2000, was allotted to serve in Uttarakhand. However, he wanted to continue working in Uttar Pradesh for personal reasons and, since his 2007 allocation, had in fact continued to work there without being disturbed.

Decision Breakdown

The Supreme Court held that since the appellant had rendered long and uninterrupted service in Uttar Pradesh since 1999 (and since his 2007 allocation specifically), he should not be disturbed at this late stage. The Court disposed of the appeal by directing that, for all purposes, the appellant be treated as an employee of Uttar Pradesh, and that he be entitled to all consequential benefits flowing from his original 1999 appointment.

Lesson Learnt

Where a government employee has continued working in a particular location for many years without being moved despite an administrative re-allocation order, courts may be reluctant to disturb that long-standing, settled arrangement and will often formalize the status quo rather than enforce a stale transfer order.

Official source (sci.gov.in)View Judgment (PDF)

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