Legal Analysis: Rajendra Singh Bora vs. Union of India & Ors

Citation: 2026 INSC 404
Court: Supreme Court of India
Bench: Justice Sanjay Karol & Justice  Nongmeikapam Kotiswar Singh 
Judgment Author: Justice Sanjay Karol
Date of Decision: April 22, 2026
Nature of Judgment: Civil Appeal under Article 136 against High Court order dismissing writ petition seeking change of cadre.

Synopsis of the Judgment

The appellant, a government employee, was appointed to the post of Sub-Deputy Inspector of Schools in Uttar Pradesh after prolonged litigation. He had originally opted for the “hill cadre” of Uttar Pradesh (which, after the reorganization of the State, fell within the territory of Uttarakhand). Due to a technical deficiency (B.Ed marksheet not annexed with the application), he was denied appointment initially; after court intervention, he was appointed notionally from 1997 but actually joined service only in 2011 in a non‑hill area. He sought reallocation to Uttarakhand on three grounds: (i) his original option for hill cadre; (ii) his domicile in present‑day Uttarakhand; and (iii) his son’s cognitive disability, which fell under the medical hardship exception in the cadre allocation policy. The High Court dismissed his writ petition. The Supreme Court allowed the appeal, holding that the principles of cadre allocation (option, domicile, medical hardship) entitled him to reallocation. The Court directed the Chief Secretary of Uttar Pradesh to facilitate his reallocation to Uttarakhand with protection of seniority and all consequential benefits.

1. Basic Information of the Judgment

Field Details Case Title Rajendra Singh Bora vs. Union of India & Ors. Civil Appeal No. Arising out of SLP(C) No. 29304 of 2018 Bench Justice Sanjay Karol Date of Decision April 22, 2026 Citation 2026 INSC 404 Appeal From Judgment dated 11.04.2018 of Allahabad High Court in Writ A No. 20783 of 2013

2. Legal Framework

Laws and Principles Involved:

• Service jurisprudence: Transfer vs. change of cadre – distinction and legal consequences.

• Cadre allocation policy (Department of Personnel and Training): Principles of allocation – option, domicile (home district), junior‑most in reverse seniority order; exceptions for women, Class IV employees, handicapped persons, spouse policy, and medical hardship cases (cancer, blindness, heart bypass, kidney failure, mental illness – self or family member).

• Constitution of India: Article 14 (equality), Article 16 (equality in public employment), Article 21 (right to livelihood and humane treatment).

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