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Sabhajit Tewary vs Union Of India & Ors on 21 February, 1975

9. Rule 55A(ii) of the Rules is applicable only in the case of exservicemen who are re-employed under the Central or State Government. It is a settled law that Central Electro Chemical Research Institute (CECRI) and Central Leather Research Institute (CLRI) which are a constituent unit of the Council of Scientific and Industrial Research ( CSIR) is not coming within the definition of "State" under Article 12 of the Constitution of India, vide SABHAJIT TEWARY Vs. UNION OF INDIA reported in (1975) 1 SCC 485 = AIR 1975 SC 1329, which was also subsequently confirmed by the Seven Judges Bench of the Apex Court in PRADEEP KUMAR BISWAS Vs. INDIAN INSTITUTE OF CHEMICAL BIOLOGY reported in (2002) 5 SCC 111. I am, therefore, of the considered opinion that Rule 55A(ii) of the Rules is not applicable to the petitioners.
Supreme Court of India Cites 10 - Cited by 180 - A N Ray - Full Document

Pradeep Kumar Biswas vs Indian Institute Of Chemical Biology & ... on 16 April, 2002

9. Rule 55A(ii) of the Rules is applicable only in the case of exservicemen who are re-employed under the Central or State Government. It is a settled law that Central Electro Chemical Research Institute (CECRI) and Central Leather Research Institute (CLRI) which are a constituent unit of the Council of Scientific and Industrial Research ( CSIR) is not coming within the definition of "State" under Article 12 of the Constitution of India, vide SABHAJIT TEWARY Vs. UNION OF INDIA reported in (1975) 1 SCC 485 = AIR 1975 SC 1329, which was also subsequently confirmed by the Seven Judges Bench of the Apex Court in PRADEEP KUMAR BISWAS Vs. INDIAN INSTITUTE OF CHEMICAL BIOLOGY reported in (2002) 5 SCC 111. I am, therefore, of the considered opinion that Rule 55A(ii) of the Rules is not applicable to the petitioners.
Supreme Court of India Cites 49 - Cited by 453 - R Pal - Full Document
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