Article 309 in Constitution of India
309. Recruitment and conditions of service of persons serving the Union or a State
Subject to the provisions ... this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection
Article 309 would be subject to any enactment made by appropriate legislature under substantive provision contained in Article 309 of the Constitution itself. In other ... exercise of power under Article 162. First, Article 162 does not speak of rules whereas Article 309 speaks of rules. Therefore, the present case touches
Proviso to
Article 309 is a legislative function. Since Article 309
has to operate subject to other provisions of the
Constitution, it is obvious that ... exercised by the
Governor under Article 309 just like the ordinance making power under
Article 213 of the Constitution of India. Concurrent power
hold the civil posts subject to rules made under Article 309 of the Constitution of India. Accordingly, the Government issued ... Pradesh Education Act , the Government issued Rules under proviso to Article 309 of the Constitution of India governing the service conditions of the teachers working
framed in exercise of the
power under the proviso to Article 309 of the Constitution of India.
The essential qualification as specified was different from ... Proviso to
Article 309 is a legislative function. Since Article 309
has to operate subject to other provisions of the
Constitution, it is obvious that
made under the
proviso to Article 309 or is merely an executive
order, mainly three Articles of the Constitution of
India are relevant, viz., Articles ... Business framed under Article 166(3) of the
Constitution.
W.A. No.1922 of 2016
-: 17 :-
11. Under Article 309 of the Constitution,
appropriate Legislature
Government in exercise of the powers conferred under Article 309 of the Constitution of India through the Governor of State framed the Tamil Nadu Civil ... State under Article 162 of the Constitution of India is subservient to the recruitment rules framed under the proviso to Article 309 of the Constitution
there is no such provision in the relevant Rules framed under Article 309. Constitution of India : copy of the Rules annexed as Annexure ... cancel select list prepared under the Rules, 1998 framed under Article 309. Constitution of India (Annexure-6 to the writ petition). It will be useful
proviso to Article 309 is
a legislative function. Since Article 309 has to operate subject to
the other provisions of the Constitution, whether ... Article 309; the
appointment of a District Judge under Article 233 was
appointment to public services within the meaning of Article 309 of
the Constitution
powers conferred by the proviso
to Article 309 of the Constitution. Article 309 of the
Constitution is extracted hereinbelow:
7
"309. Recruitment and conditions ... proviso to Article
309.
7. This is not to say that rules made under the proviso to
Article 309 of the Constitution are not required
