that, in any event, the said G.O. contemplates creation of supernumerary posts in case of retrenchment consequent on re-organization of the department ... respondent Corporation does not, therefore, call for interference.
Creation of Supernumerary Posts:
19. Sri G. Jay a Prakash Babu, learned Counsel for the petitioners would
Director, Mandi Parishad vide his letter dated 4.6.1996 recommended for creation of post and sought approval from the Chairman, Mandi Parishad/Principal Secretary (Agricultural), Government ... post in question does not exclude the factum of creation of post from the ambit and scope of aforesaid Regulation if the power of creation
Jose Paul (Dr.) vs Union Of India & Ors. on 9 January, 1999
Equivalent citations
many ex-cadre posts can be created in the apex
grade as there are cadre posts (two posts in the instant case).
When ... only create posts which are "of a like nature to cadre post" and such
creation of posts would not count towards the posts
submitted that no direction could be given by the
Court for creation of posts. In this regard, he relied upon two
decisions of this Court ... Court said:
"15. The court cannot direct the creation of posts.
Creation and sanction of posts is a prerogative of the
executive or legislative
held to distinguish promotion from upgradation and the test is creation of additional posts. These orders are speaking orders and are binding precedent under Article ... number of posts in one category, as a result of restructuring or upgradation of posts, is to be treated as creation of new additional post
also, a two-Judges Bench considered the issue relating to creation of post ... held :-
"15. The court cannot direct the creation of posts. Creation and sanction of posts is a prerogative of the executive or legislative authorities
also, a two-Judges Bench considered the issue relating to creation of post ... held :-
"15. The court cannot direct the creation of posts. Creation and sanction of posts is a prerogative of the executive or legislative authorities
also, a two-Judges Bench considered the issue relating to creation of post ... held :-
"15. The court cannot direct the creation of posts. Creation and sanction of posts is a prerogative of the executive or legislative authorities
daily wagers, adhoc or contractual
appointees are not appointed against regular sanctioned
post and their service are availed continuously with
notional breaks, by the State ... list of daily wagers prepared by the
department and for Creation of 461 posts, the request had been
made vide letters no.198 dated
