Supreme Court orders Inspector's service regularization based on seniority post-merger. Special leave petition on Circular No. 41/2003 dismissed.

The Supreme Court directed the regularization of the appellant's services as an Inspector based on seniority determined post-merger under the Inspector Examiner Recruitment Rules, 2002 and in accordance with legal principles established in a previous case. Additionally, the Court dismissed a special leave petition related to the invalidation of Circular No. 41/2003, which unjustly impacted the Ministerial Cadre, affirming the lower courts' decisions to quash the circular.

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Issues:
1. Regularization claim for the post of Inspector
2. Basis of seniority for regularization
3. Validity of Circular No. 41/2003 affecting Ministerial Cadre

Regularization Claim for the Post of Inspector:
The appeal before the Supreme Court involved a claim for regularization in the post of Inspector following the merger of cadres under the Inspector Examiner Recruitment Rules, 2002. The appellant sought regularization based on seniority determined after the merger, citing the Rules and the precedent set by the Court in the case of Dhole Govind Sahebroo & Ors. v. Union of India & Ors., (2015) 6 SCC 727. The Court, in its judgment, directed that the appellant's services be regularized based on seniority as per Clause 12 of the Rules and in accordance with the law laid down in the aforementioned case.

Basis of Seniority for Regularization:
The only contention raised by the appellant's counsel was regarding the basis on which the services should be regularized, emphasizing seniority as determined post-merger in compliance with the Rules and the legal principles established by the Court in the case of Dhole Govind Sahebroo & Ors. The Court, in response to this argument, specifically directed the regularization of the appellant's services to be carried out based on the seniority determined according to Clause 12 of the Rules and the legal precedent established in the referenced case.

Validity of Circular No. 41/2003 Affecting Ministerial Cadre:
In a separate matter, the Central Administrative Tribunal, Madras Bench, had invalidated Circular No. 41/2003, dated 10-6-2003, which was later upheld by the High Court as it was deemed to unjustly impact the Ministerial Cadre. The Supreme Court, dealing with the special leave petition related to this issue, dismissed the petition in line with the decisions of the lower courts, thereby affirming the quashing of the circular that was unfavorable to the Ministerial Cadre.

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