K R MUDGAL Vs. R P SINGH
LAWS(SC)-1986-9-69
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on September 30,1986

K.R.MUDGAL Appellant
VERSUS
R.P.SINGH Respondents





Cited Judgements :-

LONDHE PRAKASH BHAGWAN VS. DATTATRAYA EKNATH MANE [LAWS(SC)-2013-9-38] [REFERRED TO]
ANURADHA SINGH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2023-12-5] [REFERRED TO]
BHARTESH KUMAR JAIN VS. STATE OF M P AND OTHERS [LAWS(MPH)-2018-4-70] [REFERRED TO]
SYED TARUJ AHMED VS. STATE OF TELANGANA [LAWS(TLNG)-2021-8-32] [REFERRED TO]
VINODBALA BIHARILAL RAVAL VS. STATE OF GUJARAT [LAWS(GJH)-2001-5-6] [REFERRED]
SASI M K VS. UNION OF INDIA [LAWS(KER)-2018-7-410] [REFERRED TO]
ABDUL RAHMAN ANSARI VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2013-10-259] [REFERRED TO]
RINKI RANI VS. STATE OF U P [LAWS(ALL)-2015-2-129] [REFERRED TO]
G.CHINA BABU VS. STATE OF A.P. [LAWS(APH)-2020-1-7] [REFERRED TO]
B.D. BINZLEKAR AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(CA)-2015-9-27] [REFERRED TO]
ICICI BANK LTD VS. CHOUDHARY RAJNI & ANR [LAWS(DLH)-2016-5-816] [REFERRED]
RAM AVADH AND ANOTHER VS. STATE OF U.P. [LAWS(ALL)-2016-7-129] [REFERRED TO]
DR. RITA WAHAL VS. CHANCELLOR, KING GEORGES MEDICAL UNIVERSITY, LUCKNOW & 3 ORS [LAWS(ALL)-2017-5-25] [REFERRED TO]
V VIJAYA KUMAR ASSISTANT ENGINEER A P S R T C SPECIAL CONSTRUCTION DIVISION VIJAYAWADA VS. A P S R T C [LAWS(APH)-1996-1-18] [REFERRED TO]
ASSTT. COMDTT. SUNIL DOBRIYAL VS. UNION OF INDIA [LAWS(DLH)-2021-7-168] [REFERRED TO]
SANTOSH SHRIRAM GAWHANKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-11-89] [REFERRED TO]
Navin Chandra Joshi VS. Registrar Co operative Societies Uttaranchal [LAWS(ALL)-2006-4-71] [REFERRED TO]
TRILOCHAN PUNETHA VS. PUBLIC SERVICE TRIBUNAL UTTARAKHAND [LAWS(ALL)-2008-4-6] [REFERRED TO]
DR. SATYA PRAKASH VS. GOVT. OF NCT OF DELHI [LAWS(DLH)-2009-5-321] [REFERRED TO]
LEELA BISHT VS. PAN SINGH [LAWS(UTN)-2019-11-76] [REFERRED TO]
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH VS. ARUN KUMAR JAIN AND OTHERS [LAWS(P&H)-2020-8-16] [REFERRED TO]
DEEPAK MATHUR AND ORS. VS. RAJASTHAN RAJYA VIDHYUT PRASARAN NIGAM LTD. AND ORS. [LAWS(RAJ)-2015-11-74] [REFERRED TO]
SURENDRA SINGH BHANDARI VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2016-5-104] [REFERRED TO]
SHIBA SHANKAR MOHAPATRA VS. STATE OF ORISSA [LAWS(SC)-2009-11-26] [REFERRED TO]
H S VANKANI VS. STATE OF GUJARAT [LAWS(SC)-2010-3-20] [REFERRED TO]
RAJ PAL SINGH VS. STATE OF HARYANA [LAWS(P&H)-1997-12-125] [REFERRED]
PERVESH KUMARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-5-15] [REFERRED TO]
L M PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2004-9-1] [REFERRED TO]
K N PAREKH VS. STATE OF GUJARAT [LAWS(GJH)-2006-6-20] [REFERRED TO]
V. VINCENT VELANKANNI VS. UNION OF INDIA [LAWS(SC)-2024-9-78] [REFERRED TO]
BHOM SINGH VS. UNION OF INDIA [LAWS(RAJ)-1999-2-45] [REFERRED TO]
PRINCIPAL SECY TO GOVT OF ORISSA VS. MANAGING COMMITTEE OF SRI JATINDRANATH HIGH SCHOOL [LAWS(ORI)-2009-10-16] [REFERRED TO]
RAKESH KUMAR PANDEY VS. STATE OF U P [LAWS(ALL)-2004-12-208] [REFERRED TO]
NOWSHAD Y. VS. STATE OF KERALA [LAWS(KER)-2018-9-169] [REFERRED TO]
MCD VS. SUDHIR KUMAR [LAWS(DLH)-2010-12-35] [REFERRED TO]
IQBAL AHMAD VS. UNION OF INDIA & ANR. [LAWS(J&K)-2016-3-61] [REFERRED TO]
DHEERAJMITRA MISRA VS. UNION OF INDIA & ANR. [LAWS(J&K)-2015-6-22] [REFERRED TO]
PARMANAND SAI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-11-149] [REFERRED TO]
OM PRAKASH SINGH AND ORS VS. STATE OF U P [LAWS(ALL)-2016-8-127] [REFERRED]
SUSHIL KUMAR DWIVEDI VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2016-5-71] [REFERRED TO]
PARESH CHANDRA DEKA VS. STATE OF ASSAM [LAWS(GAU)-2017-9-15] [REFERRED TO]
HARJEET SINGH VS. UNION OF INDIA [LAWS(J&K)-2016-3-41] [REFERRED]
RAJESH SUBRAHMANYA KALLAGE VS. UNION OF INDIA [LAWS(DLH)-2017-5-109] [REFERRED TO]
DHIREN KUMAR MOHANTY VS. UNION OF INDIA [LAWS(DLH)-2020-6-55] [REFERRED TO]
PARMANAND SAI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2018-4-22] [REFERRED TO]
UMANANDA ROY VS. A AND N ADMINISTRATION [LAWS(CAL)-2006-2-35] [REFERRED TO]
STATE OF U P AND ORS VS. ASHOK KUMAR MISHRA AND ANOTHER [LAWS(ALL)-2016-7-163] [REFERRED]
RANVEER SINGH SRINET AND ANOTHER VS. STATE OF U P AND 3 OTHERS [LAWS(ALL)-2018-2-533] [REFERRED TO]
THOMAS MATHEW VS. STATE OF KERALA [LAWS(KER)-2016-1-83] [REFERRED TO]
DR.A.AUGUSTIN VS. KERALA AGRICULTURAL UNIVERSITY [LAWS(KER)-2016-2-205] [REFERRED TO]
S.A. ROJAN ZIMIK VS. THE UNION OF INDIA AND ORS. [LAWS(MANIP)-2016-4-8] [REFERRED TO]
ZAKI AHMED VS. THE LIEUTENANT GOVERNOR [LAWS(CAL)-2013-8-16] [REFERRED TO]
SOSAN LAVINIYA VS. UNION OF INDIA [LAWS(ALL)-2003-4-160] [REFERERD TO]
HINDUSTAN AERONAUTICS LIMITED VS. C. RAGHUNATHAN [LAWS(KAR)-2022-1-68] [REFERRED TO]
KU NILOFAR INSAF VS. STATE OF MADHYA PRADESH [LAWS(SC)-1991-8-33] [RELIED ON]
ANIL VISHWASH VS. HARYANA STATE ELECTRICITY BOARD [LAWS(P&H)-1992-1-216] [REFERRED TO]
GOPALDAS VS. STATE OF BIHAR [LAWS(PAT)-1992-7-33] [REFERRED TO]
RAGHUNATH SAHU VS. STATE OF ODISHA [LAWS(ORI)-2024-5-12] [REFERRED TO]
S. SRIDHAR VS. SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT AND OTHERS [LAWS(MAD)-2018-6-945] [REFERRED TO]
ONGC EMPLOYEES ASSOCIATION VS. OIL AND NATURAL GAS CORPORATION LTD. [LAWS(GJH)-2001-12-62] [REFERRED TO]
GHISALAL CHHAVRA VS. UNION OF INDIA [LAWS(GJH)-1997-12-4] [REFERRED TO]
RAJEEV BHARDWAJ VS. STATE OF H P [LAWS(HPH)-2021-3-64] [REFERRED TO]
INTZAR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2022-8-31] [REFERRED TO]
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY VS. ATAR SINGH [LAWS(ALL)-2003-3-92] [REFERRED TO]
SUSHMA SHARMA VS. STATE [LAWS(J&K)-2020-2-37] [REFERRED TO]
PRAKASH SINGH VS. UNION OF INDIA [LAWS(DLH)-2016-6-20] [REFERRED TO]
MANOJ KUMAR MADHUKAR VS. STATE GOVERNMENT OF JHARKHAND [LAWS(JHAR)-2022-6-50] [REFERRED TO]
G C GUPTA VS. N K PANDEY [LAWS(SC)-1987-12-35] [RELIED ON]
SHIBA SHANKAR MOHAPATRA AND ORS. VS. STATE OF ORISSA AND ORS. [LAWS(SC)-2009-11-102] [REFERRED TO]
UPENDRA PRASAD SHARMA VS. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY WATER RESOURCES [LAWS(PAT)-2012-1-155] [REFERRED TO]
SUNITA PANDEY VS. STATE OF UTTARAKHAND [LAWS(UTN)-2020-7-9] [REFERRED TO]
BALRAM SINGH VS. STATE OF BIHAR [LAWS(PAT)-1997-2-77] [REFERRED TO]
BETTY P ANTO VS. MATHEW THOMAS [LAWS(KER)-2024-6-11] [REFERRED TO]
THE KERALA STATE ELECTRICITY BOARD AND ORS. VS. P. SASIDHARAN [LAWS(KER)-2015-9-78] [REFERRED TO]
Krishna Prasad VS. J.N. Krishi Vishwa Vidyalaya [LAWS(MPH)-1992-4-54] [REFERRED TO]
JUBIDA BIBI VS. RAFIQUE MOHAMMED [LAWS(ORI)-2008-12-66] [REFERRED TO]
BENEDICT KHARMALKI VS. STATE OF MEGHALAYA [LAWS(GAU)-2000-5-13] [REFERRED TO]
A N MEMAN VS. HIGH COURT OF GUJARAT [LAWS(GJH)-1987-9-25] [REFERRED TO]
K S PATEL VS. SUCCESSOR IN OFFICE OF THE COLLECTOR [LAWS(GJH)-2004-9-59] [REFERRED TO]
RAJEEV KUMAR VS. UNION OF INDIA [LAWS(DLH)-2020-9-27] [REFERRED TO]
MEGHANA DILIP TALEKAR VS. MAHARASHTRA LEGISLATURE SECRETARIAT [LAWS(BOM)-2019-7-62] [REFERRED TO]
PRIYABRAT NARAYAN YADAV VS. DAMAN CHANDRA MISHRA [LAWS(PAT)-2022-11-96] [REFERRED TO]
STATE OF BIHAR VS. UPENDRA PRASAD SHARMA [LAWS(PAT)-2022-11-102] [REFERRED TO]
TRILOCHAN PUNETHA VS. PUBLIC SERVICE TRIBUNAL AND ORS. [LAWS(UTN)-2008-4-41] [REFERRED TO]
AQEELA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-1-6] [REFERRED TOSC ;]
PAN SINGH BANGARI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-175] [REFERRED TO]
RAJEEV BHARDWAJ AND ORS. VS. STATE OF H.P AND ORS. [LAWS(HPH)-2020-3-104] [REFERRED TO]
RAJEEV BHARDWAJ VS. STATE OF H. P. [LAWS(HPH)-2020-10-95] [REFERRED TO]
G P PURUSHOTHAMAN VS. C O ARUMUGAM [LAWS(MAD)-1988-9-44] [REFERRED TO]
BHAGWAN PRASAD SINGH VS. STATE OF BIHAR [LAWS(PAT)-2008-1-24] [REFERRED TO]
VIDYA KANT TIWARI VS. STATE OF U P [LAWS(ALL)-2011-5-183] [REFERRED TO]
RAJ BAHADUR SINGH VS. STATE OF U.P. [LAWS(ALL)-2014-1-21] [REFERRED TO]
RAKESH AWASTHI VS. STATE OF U P THROUGH PRIN SECY INDUSTRIAL DEPTT LK [LAWS(ALL)-2018-4-355] [REFERRED TO]
PRAFULLA KUMAR MISHRA VS. STATE OF U. P. [LAWS(ALL)-2021-8-75] [REFERRED TO]
PRAFULLA KUMAR MISHRA VS. STATE OF U. P. [LAWS(ALL)-2021-8-75] [REFERRED TO]
J D SHETH VS. STATE OF GUJARAT [LAWS(GJH)-1987-12-20] [REFERRED]
SUNILKUMAR VS. OIL AND NATURAL GAS COMMISSION [LAWS(GJH)-1994-12-36] [REFERRED TO]
SHEELAWATI VS. MANGING DIRECTOR FOOD CORPORATION OF INDIA NEW DELHI [LAWS(ALL)-1996-7-33] [REFERRED TO]
SARWAN RAM VS. STATE OF H.P. [LAWS(HPH)-2017-6-4] [REFERRED TO]
VANDANA AGARWAL VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-9-38] [REFERRED TO]
ISHWAR DAMU KAMBLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-11-226] [REFERRED TO]
SANJAY D. DHUMASKAR VS. STATE OF GOA [LAWS(BOM)-2022-3-146] [REFERRED TO]
SHRI BENU GOHAIN VS. NORTH EASTERN ELECTRIC POWER CORPORATION LTD AND 14 OTHERS [LAWS(GAU)-1988-4-18] [REFERRED TO]
GANESH CHANDRA DUTTA VS. STATE OF TRIPURA [LAWS(GAU)-1996-1-18] [REFERRED TO]
B.RANGANATHA REDDY VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-2-3] [REFERRED TO]
LAKHO MAL VS. UOI [LAWS(DLH)-2006-5-127] [REFERRED TO]
SURESH KUMAR S VS. SWAPNA S ASSISTANT ENGINEER, KERALA STATE ELECTRIC [LAWS(KER)-2018-5-55] [REFERRED TO]
NOOR MOHAMMED VS. SATISH KUMAR [LAWS(RAJ)-2002-2-192] [REFERRED]
ALAMELUAMMAL VS. DIRECTOR OF ELEMENTARY EDUCATION [LAWS(MAD)-2011-6-212] [REFERRED TO]


JUDGEMENT

Venkataramiah, J. - (1.)Some of the officials who have been directly appointed as Assistants in the Intelligence Bureau of the Government of India in the year 1957 filed a writ petition in the year 1976 in Civil Writ Petition No. 638 of 1976 on the file of the High Court of Delhi questioning the validity of the appointments of certain other Assistants in the Intelligence Bureau of whom some had been appointed prior to 1-2-1954 and the remaining had been appointed or absorbed as Assistants prior to the induction of the writ petitioners into service as Assistants and also the assignment of seniority to them over and above the petitioners in the Writ Petition. The said Writ Petition was dismissed by the learned single Judge. Aggrieved by the decision of the learned single Judge, the petitioners in the writ petition filed an appeal in the Letters Patent Appeal No. 6 of 1978 before a Division Bench of the High Court. The Division Bench allowed the appeal, set aside the judgment of the learned single Judge and held that the posts of Assistants which existed on 1-2-1954 had to be filled by persons who were eligible in terms of Paragraph 15 of the reorganisation Scheme of 1955 effective from 1-2-1954 and that there was infringement of the terms of Paragarph 15 in their cases. The Division Bench also gave some other ancillary directions resulting in the disturbance of the seniority of the respondents who had been working in the Intelligence Bureau. By the date of the said judgment the said respondents had put in more than 25 years of service as Assistants in the Intelligence Bureau. Aggrieved by the decision of the Division Bench, the Union of India as well as the officials, who had been appointed prior to the date on which the writ petitioners were appointed have filed these two appeals by special leave.
(2.)At the outset it should be stated that it is distressing to see that cases of this kind where the validity of the appointments of the officials who had been appointed more than 32 years ago is questioned are still being agitated in courts of law. A Government servant who is appointed to any post ordinarily should at least after a period of 3 or 4 years of his appointment be allowed to attend to the duties attached to his post peacefully and without any sense of insecurity. It is unfortunate that in this case the officials who are appellants before this Court have been put to the necessity of defending their appointments as well as their seniority after nearly three decades. This kind of fruitless and harmful litigation should be discouraged.
(3.)The ministerial posts in the Intelligence Bureau were reorganised with effect from 1-2-1954 vide Ministry of Home Affairs Letter No. 48/154/49-P. III dated 17-8-1955. In accordance with the said Scheme the Ministerial Duty Posts were reorganised into following three categories:-
Category A - Administrative Officer and the Assistant Director (Non-Police)

Category B - Superintendents and Assistant Superintendents

Category C - Assistants



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