New Delhi, Apr 22 The Supreme Court on Wednesday expressed anguish over an employee being made to run from pillar to post since 2011 for a preferred posting in his home state, and directed the Uttar Pradesh government to pay Rs 1 lakh cost to him.
The apex court directed the chief secretary of Uttar Pradesh to facilitate forthwith the reallocation of the employee to the state of Uttarakhand.
A bench of justices Sanjay Karol and N Kotiswar Singh delivered its judgement on an appeal filed by the employee challenging an April 2018 decision of the Allahabad High Court.
The high court had dismissed his petition which sought a direction for effecting his change of cadre from Uttar Pradesh to Uttarakhand on account of the fact that when he appeared for the Combined Lower Subordinate Service Examinations in 1995, he had opted for 'hill region' posting.
"Before parting with the matter, we must record that a deep sense of anguish troubled us in dealing with this matter. The appellant became eligible to be appointed in the year 1997 but was only actually appointed in 2011, and even today in 2026 he continues to fight for his rights," the top court said.
It noted once the high court had in 2004 cleared the way for his appointment, he should have at least been appointed, subject to the outcome of the appeal, if any, that would have been filed by the state.
The bench noted that the appeal was dismissed in 2009 yet formal appointment came only in 2011.
"From 2011 onwards, he is being made to run from pillar to post to fructify the needs/preferability of being posted in his home state. This is in no way, shape or form, anything other than apathy on part of the state," it said.
"The person was appointed with effect from June 1997 and today we are in April of 2026. Only now will he get something that he had opted for right from the start," the bench said.
It noted that the petitioner's son was declared to be cognitively challenged with little or no scope for improvement in his condition.
"The entire time that being close to family would have been a great sense of support in raising his son, he has spent away from family at least since 2011," the bench said.
It awarded cost of Rs one lakh to the appellant, to be paid by the Uttar Pradesh government within four weeks.
"It is difficult to think that there are not many other cases where on account of long pendency of service dispute the party in question would be approaching superannuation as the case may also be here," it said.
The bench requested the high court's chief justice to ascertain the number of such long pending cases and endeavour to have them decided expeditiously by possibly distributing them across benches which would ensure that they are taken up and decided within a comparatively shorter span of time.
The top court noted that he was finally appointed to the position of sub-deputy inspector of schools notionally from June 11, 1997 and he joined the service on July 26, 2011 in Kashi Ram Nagar in Uttar Pradesh.
He submitted representations to the authorities in 2012 requesting that he be granted the 'hill cadre' as originally requested.
The bench noted the high court had dismissed his plea, observing that once he was allotted the Uttar Pradesh service, no question arose about transfer to Uttarakhand.
The top court referred to the distinction between a transfer and a change in cadre.
"A transfer is a matter of administrative convenience within the same service, whereas a change in cadre entails a reconfiguration of the employee's service identity itself," the bench said.
It said the exam for which he had appeared dated prior to the reorganization of the states and while giving his preference, he had asked for the 'hill cadre'.
"There is no reason forthcoming on record to show that if his appointment after the exam had not run into the roadblocks which it did, he would have been appointed to the hill cadre, and which, with the passage of time, would have translated into appointments with the state of Uttarakhand," it said, while allowing the appeal.
While directing the chief secretary of Uttar Pradesh to facilitate his reallocation to Uttarakhand, the bench said his seniority and all relevant benefits shall be protected.
