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R.D. Kaushal & Ors. vs Union of India & Ors.

Civil Appeal · 2022 INSC 962Decided 14 Sept 2022
Civil Appeal No. 6573 of 2022
B.R. Gavai · Pamidighantam Sri Narasimha

Background

The appellants were government employees in the Research and Analysis Wing's Language Cadre who had joined as Interpreters and were promoted to the post of Assistant Foreign Language Examiner (AFLE), a post distinct from the Deputy Foreign Language Examiner (DFLE) post. After the 5th Central Pay Commission equalized their pay scales and, in 2008, the two posts were formally merged and redesignated "Senior Interpreter" (with a footnote protecting the career prospects of direct DFLE recruits), a dispute arose over whether the merger should be treated as effective retrospectively from 1996. The Central Administrative Tribunal (CAT) ruled in the appellants' favour, but the Delhi High Court set aside the CAT's order on a writ petition by the Union of India, prompting this appeal to the Supreme Court.

Decision Breakdown

By the time the appeal reached the Supreme Court, all three appellants had already superannuated (retired), so the Court found it unnecessary to decide the underlying legal question of retrospective cadre merger. The appellants' counsel agreed to give up the claim for back-dated arrears and restrict the claim only to terminal benefits and pension. Noting that the CAT's earlier order of 26 May 2008 was never challenged by the Union of India and had attained finality, the Court directed the respondents to calculate the appellants' terminal benefits and pension based on that CAT order, to be paid by specified dates, with 6% annual interest on delayed terminal benefits, but without arrears of pension for the intervening period.

Lesson Learnt

Courts will often steer long-running service disputes toward a practical, narrowly-tailored resolution once the original controversy becomes moot (e.g., on retirement), and an administrative order that is never formally challenged and appealed can attain legal finality, binding even the government that issued the subsequent, contradictory order.

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

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