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1 - 8 of 8 (0.30 seconds)Article 309 in Constitution of India [Constitution]
Punjab Water Supply & Sewerage Board vs Ranjodh Singh & Ors on 6 December, 2006
Similarly in
Punjab Water Supply & Sewerage Board vs. Ranjodh Singh reported in (2007) 2
SCC 491, the Supreme Court held that a scheme under Article 162 can't prevail
over Statutory Rules or Rules framed under Article 309 of the Constitution.
Ashwani Kumar & Ors vs State Of Bihar & Ors on 16 December, 1996
In
another often quoted decision in Ashwani Kumar vs State of Bihar reported in
(1997) 2 SCC 1, the Apex Court was examining appointment in excess of
WP(C) 2346/2008 & WP(C) 7492/2005 Page 25 of 29
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sanctioned posts. Since appointments were made without following the Rules,
the Court held that such appointments were illegal and no right would accrue to
the appointees.
Nazira Begum Lashkar & Ors vs State Of Assam & Ors on 7 November, 2000
22. The Supreme Court in Nazira Begum Lashkar vs. State of Assam
reported in (2001) 1 SCC 143 held that appointment made without following the
Statutory Rules, through tampering of records, will disentitle the appointees to
claim any equitable relief.
Article 16 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
A. Umarani vs Registrar, Cooperative Societies And ... on 28 July, 2004
On the Government's power to regularize service of
irregular appointees, the Apex Court in A. Umarani vs. Registrar, Cooperative
Societies reported in (2004) 7 SCC 112 declared that when appointments were
made in contravention of Rules, the State can't invoke the power under Article
162 of the Constitution to regularize such illegal appointment.
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