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1 - 5 of 5 (0.22 seconds)Article 16 in Constitution of India [Constitution]
Amarjit Singh Ahluwalia vs The State Of Punjab & Ors on 20 December, 1974
" Clause (2) (ii) of the memorandum dated October 25, 1965 provided that the seniority of the officers in the integrated service shall be determined by reference to the length of continuous service from the date of appointment in the group within their respective service. What was, therefore, required to be taken into account was the actual length of continuous service from the date of appointment and not the length of continuous service reckoned from an artificial date given by the State Government. Now, it is true that Clause (2)(ii) of the memorandum dated October 25, 1965 was in the nature of administrative instruction, not having the force of law, but the State Government could not at its own sweet will depart from it without rational justification and fix an artificial date for commencing the length of continuous service in the case of some individual officers only for the purpose of giving them seniority in contravention of that clause. That would be clearly violative of Articles 14 and 16 of the Constitution. The sweep of Articles 14 and 16 is wide and pervasive. These two articles embody the principle of rationality and they are intended to strike against arbitrary and discriminatory action taken by the 'State'. Where the State Government departs from a principle of seniority laid down by it, albeit by administrative instructions, and the departure is without reason and arbitrary, it would directly infringe the guarantee of equality under Articles 14 and 6. It is interesting to notice that in the United States it is now well settled that an executive agency must be rigorously held to the standards by which it professes its actions to be judged and it must scrupulously observe those standards on pain of invalidation of an act in violation of them.
Ramana Dayaram Shetty vs The International Airport Authority Of ... on 4 May, 1979
30. The next case relied on by Sri, Barthakur is (1979-II-LLJ- 217) (Ramana Dayaram Shetty v. International Airport Authority of India and Ors.)(SC). That is the case of Airport authority and Sri Barthakur relied on paragraph 11 at page 224 - 225 of that judgment which is quoted be-low:
Article 6 in Constitution of India [Constitution]
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