Supreme Court of India
Non-Medical Scientists Group B & C Forum vs Union Of India (Uoi) And Ors. on 20 February, 1998
Equivalent citations: AIR1999SC1515, AIR 1999 SUPREME COURT 1515, 1998 AIR SCW 3897, 1999 LAB. I. C. 235, 1998 (2) SCALESP 3, (1999) 1 RAJ LR 331, (1998) 6 SERVLR 450, (1999) 2 WLC (RAJ) 193
Bench: M.M. Punchhi, B.N. Kirpal
ORDER
1. Grievance has been voiced that in implementation of the orders of this Court in Writ Petition Nos. 5856-57 of 1985 -- Indian Council of Medical Research Malaria Project Workers Association v. Union of India, D/- 14-8-1987, service rules have been transgressed inasmuch as the contesting respondent No. 4 has been placed at an advantageous position above petitioner No. 2 in a promotional post to which she was not entitled. It is otherwise not disputed that there could be relaxation under the rules and a single person by himself can be a class. The intention of the Government on this premise was predominantly to implement the orders of this Court and not to cause undue hardship to the others inclusive of petitioner No. 2. Besides, petitioner No. 2 by now has also been promoted.
2. In this view of the matter, we do not think that a case has been made out for interference under Article 136 of the Constitution. The special leave petition is, therefore, dismissed.