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1 - 10 of 17 (0.31 seconds)Article 14 in Constitution of India [Constitution]
K.P. Periannan vs Government Of Tamil Nadu And Ors on 20 April, 1990
In the judgment of G.Periannan vs.
The Government of Tamil Nadu reported in 2007 (3) CTC 806 this Court
has already held that posts of Noon Meal Scheme are Civil Posts and they
are entitled to take protection under Article 311 (2) of the Constitution of
India. In view of the same, this Court is of the opinion that the reliance
placed by the learned counsel for the respondents is not applicable to the
facts and circumstances of the present case.
The State Of Gujarat vs Talsibhai Dhanjibhai Patel on 18 February, 2022
21. The learned counsel for the petitioners has drawn attention of this
Court to the judgment of the Apex Court on that aspect in the State of
Gujarat and others vs. Talsibhai Dhanjibhai Patel reported in (2022
LiveLaw (SC) 187 and submitted that the Government cannot take
advantage of their own wrong in not paying Dearness Allowance on
pension when it was paid throughout their service. The relevant paragraph
of the said order is extracted hereunder:
The District Collector vs M.Eganathan on 17 July, 2014
15. The said view was confirmed by a Division Bench of this Court
by its judgment dated 17.07.2014 in W.A.No.938 of 2014 in the District
Collector, Villupuram District vs. M.Eganathan.
The Factories Act, 1948
The Employees' Provident Funds Scheme, 1952
State Of U.P. & Ors vs Chandra Prakash Pandey & Ors on 20 March, 2001
“13. The Honourable Supreme Court in the decision reported
State of U.P. and others v. Chandraka Prakash Pandey and
others, 2001 (4) SCC 78, considered similar issue as to the
holder of civil post and in paragraph 10 held thus,—
“10. The question as to when a person can be said to be
holder of a civil post has been the subject-matter of
consideration before this Court on numerous occasions.
State Of Assam & Ors vs Shri Kanak Chandra Dutta on 3 October, 1966
In the case of State of Assam v. Kanak Chandra Dutta a
Constitution Bench of this Court was considering a case
where a Mauzadar was appointed for collection of land
revenue under the Mauzadari system prevailing in the
28/48
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 05:24:22 pm )
W.P.Nos.16606, 14895, 15221, 17319, 18418, 20086,
20174, 20175 and 22601 of 2018
Assam Valley whose primary duty was to collect land
revenue and other Government revenues. He was
working as Revenue Officer and ex officio Assistant
Settlement Officer exercising delegated powers of the
Government and the State had the power and right to
select and appoint him inasmuch as power to suspend
and dismiss. The Mauzadar was drawing not a regular
salary but commission by way of a remuneration. The
Court observed that there must be existence of
relationship of master and servant between the State and
its employees and such a relationship can be established
by presence of all or some of the ingredients. After due
consideration of the entire matter, the Court laid down
the law as follows: (AIR pp. 886-87, paras 11-13)
Ch. Venkata Swamy vs Superintendent, Post Offices And Anr. on 6 November, 1956
14. Applying the above principles, laid down in the above cited
decision and various other judgments relied on in the said
judgment, to the facts of this case and having regard to the fact
that the petitioner was appointed as Noon-meal Organiser in
terms of the Government Order issued and the posting and
transfer orders of the posts having been issued by the officials
of the State and the salary of the petitioner having been paid
from the State funds allocated under the budget allocation, I
am of the firm view that the Noon-meal Organiser post is a
civil post and therefore Noon-meal Organiser is entitled to
have protection under Article 311(2) of the Constitution of
India, which clearly states that no person, who is a member of
a civil service of the Union or a State or holds a civil post
under the Union or a State shall be dismissed or removed or
reduced in rank except after an inquiry in which he has been
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 05:24:22 pm )
W.P.Nos.16606, 14895, 15221, 17319, 18418, 20086,
20174, 20175 and 22601 of 2018
informed of the charges against him and given a reasonable
opportunity of being heard in respect of those charges.