बी.वी. शिवैय्या बनाम के. अड्डांकी बाबू
| Citation | (1998) 6 SCC 720 |
| Court | Supreme Court of India |
| Date | 20 August 1998 |
| Year | 1998 |
| Bench | S. Saghir Ahmad, K. Venkataswami JJ. |
| Acts/Articles | Article 14, Article 16 |
| Category | Service & Employment Law |
Key Principle Established
A person appointed to a particular cadre/post cannot be unilaterally transferred to a different cadre. The conditions of service at the time of appointment are binding on both employer and employee.
Employees recruited for a specific cadre were transferred to a different cadre without their consent, altering their service conditions and promotion prospects.
The Court held that an employee recruited against a specific post/cadre cannot be unilaterally shifted to a different cadre. The terms of the recruitment advertisement and the appointment order form the foundation of the service relationship. Any change in cadre requires either the employee’s consent or a valid statutory rule.
This judgment protects employees from arbitrary cadre changes and is relied upon in cases where municipal or government employees are wrongly placed in different seniority lists.
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Recruitment bodies must follow fair and transparent selection processes. Any irregularity in the recruitment process vitiates the entire selection.
Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.