Case Note & Summary
The Supreme Court of India, by an order dated 21 July 1994, disposed of an appeal filed by the Union of India arising from a judgment of the Central Administrative Tribunal dated 10 December 1992. The dispute pertained to cadre allocation for reserved candidates in the civil services. Earlier on the same day, the Supreme Court had pronounced its judgment in Union of India v. Rajiv Yadav, IAS, wherein it allowed the Union of India's appeal, set aside the Central Administrative Tribunal's judgment, and upheld the principles of cadre allocation for reserved candidates. In the present matter, the Court granted special leave and, in view of the earlier decision, allowed the Union of India's appeal. It set aside the impugned judgment of the Central Administrative Tribunal dated 10-12-1992 and dismissed the application filed by Shankar Jiwal before the tribunal. No order as to costs was made. The Court's reasoning was entirely based on its earlier judgment in Rajiv Yadav, which had settled the law on cadre allocation for reserved candidates. The order is brief and does not record detailed arguments of the parties. The procedural history indicates that the Central Administrative Tribunal had passed an order allowing Shankar Jiwal's application, which was challenged by the Union of India through special leave petition. The Supreme Court granted leave and ultimately held that the tribunal's order was contrary to the principles laid down in Rajiv Yadav. The decision reflects the binding nature of precedent on subordinate tribunals on questions of service law. The final outcome favored the Union of India, confirming the legality of the cadre allocation process for reserved candidates as upheld by the Supreme Court.
Headnote
A) Service Law - Cadre Allocation for Reserved Candidates - Principles of cadre allocation upheld - Not mentioned - The Union of India challenged the Central Administrative Tribunal's judgment dated 10-12-1992 which had allowed an application by Shankar Jiwal regarding cadre allocation for reserved candidates. The Supreme Court followed its judgment pronounced the same day in Union of India v. Rajiv Yadav, IAS, where the principles of cadre allocation for reserved candidates were upheld. The Court allowed the appeal, set aside the tribunal's judgment and dismissed the application. Held that the principles of cadre allocation for reserved candidates are binding. (Paras 2-3)
Issue of Consideration
Whether the Central Administrative Tribunal's judgment dated 10-12-1992 on cadre allocation for reserved candidates should be set aside in view of the earlier decision in Union of India v. Rajiv Yadav, IAS.
Final Decision
Appeal allowed; impugned judgment of the Central Administrative Tribunal dated 10-12-1992 set aside; application filed by Shankar Jiwal before the tribunal dismissed; no order as to costs.
Law Points
- Principles of cadre allocation for reserved candidates upheld
- Central Administrative Tribunal judgment set aside
- application dismissed
- no order as to costs.
