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Kumod Kumar v. State of Jharkhand

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 5874-5875 of 2009)Decided 18 Dec 2014
Civil Appeal Nos. 5874-5875 of 2009
Justice J.S. Khehar · Justice Arun Mishra

Background

Two officers were recruited as stenographer sub-inspectors and later selected for the general police cadre. The department counted their seniority in that cadre from their subsequent appointments there. They sought to count their earlier stenographer service, but the High Court dismissed their challenge and review petition.

Decision Breakdown

The Supreme Court dismissed the appeals, upholding seniority from entry into the general police cadre. The stenographer and general police posts belonged to separate cadres, with different functions and selection requirements. A 1953 protection for existing stenographer clerks did not extend to these later direct recruits. The officers' movement followed their participation in a selection process for their own career benefit, rather than a transfer in the public interest qualifying for protection of previous seniority under the instructions relied upon.

Lesson Learnt

Moving to a different government cadre does not automatically preserve seniority from the original appointment. Employees need to check whether the applicable rules or a specific transfer protection actually cover their circumstances.

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

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