Union of India v. H.A. Khan, (SC)
BS11739
SUPREME COURT OF INDIA
Before:- S.P. Bharucha, A.P. Misra and N. Santosh Hegde, JJ.
Civil Appeal No. 6243 of 1990. D/d.
25.1.2000
Union of India - Appellants
Versus
H.A. Khan - Respondent
Constitution of India, Articles 14 and 16 - Seniority - Seniority to be reckoned from which date - Transfer of employee in the interest of justice - Employee was entitled to count his seniority as a clerk with effect from the date on which he was appointed as a driver in Army.
[Para 1]
ORDER
S.P. Bharucha, J. - There is no merit in this appeal. A case is being made out in the Court which was never made out in the High Court. An undertaking 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, therefore, 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.
Appeal dismissed.