Supreme Court sets aside order allowing surplus employee's absorption as Head of Department
The case concerns whether a surplus employee, who was disengaged from the post of Lecturer, is entitled to be absorbed directly into the higher post of Head of Department based on pay scale equivalence and seniority criteria, or if absorption is limited to the post held or an equivalent/lower post.
Appellants: The State of Maharashtra and others; Respondents: Sudhakar Shivaram Teke and others; Bench: Justice Ahsanuddin Amanullah and Justice R. Mahadevan.
- Allowed the appeal filed by the State of Maharashtra.
- Set aside the High Court order dated 27.09.2019 that had allowed the respondent's claim for absorption as Head of Department.
- Held that a surplus employee is entitled to absorption only against the post from which they were disengaged, an equivalent post, or a lower post, not a higher post.
- Clarified that any claim for appointment or promotion to a higher post constitutes a separate cause of action distinct from absorption.
- Disposed of all pending applications.
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Document details
| Official title | Surplus Employee Entitled To Absorption Against Equivalent Or Lower Post, Not Higher Post : Supreme Court |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | — |
| Status | closed (order) |
| Year | 2026 |
| Closing date | 2026-08-11 |
| Documents | 1 |