Article 309 in Constitution of India
309. Recruitment and conditions of service of persons serving the Union or a State
Subject to the provisions ... posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such
said rule. The Rules
of 1967 is enacted on the basis of the power conferred on the State
Government under Article 309 of the Constitution ... both the
Rules that emergency appointment is a method of appointment
prescribed under the statutory rules framed under Article 309 of the
Constitution
second proviso to Article 311(2) or under
similar provisions in rules made under the proviso to
Article 309 or in rules made under ... referable to
Article 309 , for instance, Rule 19 of the Central Civil
Services (Classification, Control and Appeal) Rules, 1965.
Rule 14 of the Railway Servants
rules cannot be
said to be in exercise of power under Article 162. First,
Article 162 does not speak of rules whereas Article 309
speaks ... There were no
specific rules for regularisation. The Government has power
under Article 162 to regularise appointments. Rules under
Article 309 can be made
valid exercise of the power to make rules under the Proviso to
Article 309 of the Constitution.
On the basis of the decision ... Vadera (supra) it has been held that the rules under the proviso to
Article 309 have effect subject to the provisions of the Act made
field being already occupied by a statutory rule or order and subsequent
rule though framed under Article 309 cannot but give into the special ... rules
made in exercise of the rule-making power given under an Act constitute
delegated or subordinate legislation, but the rules under Article 309
cannot
Railway Board Act,
1905 , Article 309 of the Constitution and Rules 157 and 158 of the Code
(these rules are pari material to paras ... term "cadre". In different service
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rules framed under proviso to Article 309 of the Constitution as also rules
framed in exercise
amendment made to the Fundamental Rules in
the exercise of power conferred by Articles 309 by which the
proviso to Rule 2 was deleted reirospectively ... valid exercise of legislative power. The rules and
amendments made under the proviso to Article 309 can be
altered or repealed by the Legislature
Article 162 thereof
in contravention of the Rules. The regularisation order was
made long after the Probation Rules. the Seniority Rules and
the Recruitment Rules ... article 162 thereof
in contravention of the rules. The regularisation order was
made long after the Probation Rules, the Seniority Rules and
the Recruitment Rules
their
confirmation. Clause 3 of the Second Amendment Rules
substituted the following rule for the original rule 12:
"12. Seniority.-The seniority, inter ... constitutional requirement, to consult the High Court before
framing rules under the proviso to Article 309 of the
Constitution. Consultation, be it said
