The Supreme Court allowed an appeal filed by a government employee seeking a change of cadre to Uttarakhand, setting aside an earlier Allahabad High Court decision. The Court sharply criticized the prolonged delay in granting relief, calling it a case of administrative indifference.
Background of the Case
The case, Rajendra Singh Bora vs Union of India & Ors., arose from a recruitment process conducted in 1995 for the post of Sub-Deputy Inspector of Schools. The appellant had scored high marks and opted for a “hill region” posting.
However, his appointment was initially denied because he submitted his B.Ed marksheet at the interview stage instead of with the application form. Though the High Court later ruled in his favour in 2004, and the State’s appeal was dismissed in 2009, he was formally appointed only in 2011.
Even after joining service, his repeated requests for allocation to the hill cadre now part of Uttarakhand after state reorganization were not acted upon.
The bench Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh explained that transfer and change of cadre are fundamentally different concepts.
“The distinction between a transfer and a change in cadre is plain… a transfer only changes the place of posting, whereas a cadre change alters the service structure itself,” the Court observed.
It noted that cadre allocation policies consider factors such as employee preference, domicile, and seniority. The appellant had opted for the hill region from the beginning and was also a resident of present-day Uttarakhand.
The Court also took into account the appellant’s personal circumstances, particularly his son’s cognitive disability. Referring to policy exceptions for medical hardship, the bench observed that such cases allow allocation based on the employee’s option.
“The request for reallocation ought to have been acceded to,” the Court said, pointing out that the applicable policy clearly supported the appellant’s claim.
Allowing the appeal, the Supreme Court set aside the High Court’s 2018 judgment and directed the Chief Secretary of Uttar Pradesh to facilitate the appellant’s reallocation to Uttarakhand forthwith.
The Court ordered that his seniority and all service benefits be protected. It also directed coordination with the Uttarakhand government for implementation.
Expressing concern over the prolonged delay, the bench remarked that the appellant had been fighting for his rightful posting since 1997.
“This is in no way… anything other than apathy on part of the State,” the Court observed.
Additionally, the Court awarded ₹1 lakh as costs to the appellant, payable within four weeks.
Case Details
Case Title: Rajendra Singh Bora vs Union of India & Ors.
Case Number: Civil Appeal arising out of SLP (C) No. 29304 of 2018
Judges: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh
Decision Date: April 22, 2026
