Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

1990 (11) TMI 420

..... 4 of 1989 in C.A. No. 986 of 1988) - 9-11-1990 - Ranganath Misra, M.M. Punchhi and K. Ramaswamy, JJ. JUDGMENT Ranganath Misra, 1. The Civil Appeals are by special leave and the writ petition is under Article 32 of the Constitution. The Civil Appeal of 1985 is directed against an affirming Division Bench decision of the Madras High Court dated 16.8.84 in a writ appeal while the two other Civil Appeals are directed against two separate judgments of the Central Administrative Tribunal made in 1987 following the aforesaid Madras decision. The Writ Petition as will be presently indicated is by 29 petitioners who had not been regularly recruited to the service but later by amendments of the Rules were regularised in service in 1977. 2. The servic .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... no relaxation of age while in 1969 the prescribed age was relaxed. In the service there were 68 ad hoc employees who have been "regularised in the subsequent recruitments referred to above while there were 73 other ad hoc employees who either took the examination and failed or never sat at the examinations to become regular recruits until the second proviso was added to Rule 6A .of the Rules and the order regularizing their service was made by notification dated 27th January, 1977. The proviso in question reads thus: Provided further that persons appointed on or before 1.7.76 to discharge the duties and functions of the posts included in Grade IV of the Central Information Service to make good the shortfall in the filling up of vacanci .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... oc service between 25.S.64 to 4.1.77 should have been taken into account for determining his seniority. This virtually challenged the direction in the Government order of 27th January, 1977, requiring the regularised employees to be placed below the regular recruits upto 1970 on the basis of that year's examination. The Union Government opposed the claim but the learned Single Judge relied upon the judgments of this Court in Baleshwar Dass and Ors. Etc. v. State of U.P and Ors. Etc. (1981)ILLJ140SC and N.K. Chauhan and Ors. v. State of Gujarat and Ors. [1977]1SCR1037 and held that the officiating service would not be ignored once regularisation was made and directed the said period between 1964 and 1977 to be taken into account. The Div .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... n the basis of officers of one category manning the posts meant for the other category should not have been relied upon for determining a dispute of the nature that arose in these cases. Since rules are clear and the Government action was within the purview of the rules, judicial interference was not called for. 11. It was contended before us at the hearing that the petitioner before the Madras High Court in compliance of the High Court decision has now gone to Grade I and a short period is left to superannuation and in case there is reversion now he would suffer irreparably. There is perhaps some force in what is said. We had, therefore, suggested in course of the hearing of these cases that he may not be disturbed from his present positio .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||