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1 - 5 of 5 (0.20 seconds)Article 309 in Constitution of India [Constitution]
R. N. Nanjundappa vs T. Thimmiah & Anr on 8 December, 1971
Despite the Rules
having come into force with effect from January 1, 1976,
appointment were made in disregard of the Rules from 1976
and onwards. It is this batch of irregularly appointed
employees whose services were sought to be regularised under
rule 14 by the orders of January 3, 1985 and February 14,
1985. Counsel for the regular recruits contend that what
the Government has done in exercise of power under Rule 14
is to set at naught the entire body of the Rules as if they
never existed. The power of relaxation, contend counsel,
cannot be so used as to render the Rules non-est. In
support of this contention strong reliance was placed on the
following observations in the case of R.N.Nanjundappa v. T.
Thimmiah and Anr., 1972 SLR 94 (AIR 1972 SC 1767) :
Article 162 in Constitution of India [Constitution]
Section 21 in The Administrative Tribunals Act, 1985 [Entire Act]
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