1982 (10) TMI 208 - SC - Indian Laws

Summary

Issues:
1. Validity of Government Orders (G.O.) Nos. 646 and 647 withdrawing posts from the purview of the Commission and regularizing services of temporary Government servants.
2. Power of Government to withdraw posts from the purview of the Commission.
3. Legality of regularizing services of temporary Government servants contrary to statutory rules.

Analysis:
1. The case involved a challenge to Government Orders (G.O.) Nos. 646 and 647, which withdrew posts from the purview of the Commission and regularized services of temporary Government servants. The appellants contended that the Government lacked the power to withdraw posts already within the Commission's purview and to regularize services contrary to statutory rules.

2. Regarding the withdrawal of posts from the Commission's purview, the Court held that the Government, under the proviso to Clause (3) of Article 320, had the power to make regulations specifying matters where consultation with the Commission was not necessary. The Court noted that the withdrawal of posts did not create a retrospective effect, and candidates had no inherent right to the posts merely by applying. The Government's decision to withdraw posts was justified to regularize services of temporary employees.

3. Concerning the regularizing of services, the Court found that the Government had the authority to make temporary appointments without the Commission's intervention, as per relevant rules. The Court emphasized that the Government's action to regularize services was in line with the rules and necessary for maintaining peace and harmony in service. The Court rejected the contention that the regularizations were in violation of statutory rules.

4. Despite rejecting the contentions, the Court acknowledged the equity aspect of the case. To ensure justice, the Court directed the Commission to finalize the selection list for Junior Engineer posts based on viva voce tests within two months. The Court ordered that the appellants, if falling within the selection zone, must be appointed before any outsider, irrespective of the department, to the Junior Engineer posts. This decision aimed to address the expectations generated by the advertisement and provide opportunities to the fresh engineering graduates.