25 February 2008
Supreme Court
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DGM, COMPONENT INDIAN TEL.INDUSTRY Vs KAILASH NATH CHATURVEDI .

Case number: C.A. No.-001579-001579 / 2008
Diary number: 30936 / 2006
Advocates: VISHWAJIT SINGH Vs IRSHAD AHMAD


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CASE NO.: Appeal (civil)  1579 of 2008

PETITIONER: DGM, COMPONENT INDIAN TELEPHONE INDUSTRY & ORS

RESPONDENT: KAILASH NATH CHATURVEDI & ORS

DATE OF JUDGMENT: 25/02/2008

BENCH: CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO.1579 OF 2008 (Arising out of SLP(C) No.20006/2006)                                                  Leave granted.                 Heard learned counsel for the parties.                 We are told that respondent no.1 has joined the place where he is transferre d on  21.12.2006.  Nothing, therefore survives in the matter.  Transfer is an incidence of service .   The order of the High Court interfering with the transfer is set aside.                   The appeal is allowed accordingly.                 However, the respondent would be at liberty to pursue his claim for arrears  in  accordance with law, in respect of the period he has not been paid salary i.e. from February   to December, 2006.  This observation is not, however, to be construed as recognizing or  accepting his claims.