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R. N. Nanjundappa vs T. Thimmiah & Anr on 8 December, 1971 cites

The State Of Mysore vs Padmanabhacharya Etc.[P. B. ... on 5 October, 1965

and the observations at page 201 of the report : "That the Government have to employ temporary servants to satisfy the needs of a particular contingency and such employment would be perfectly legitimate." No exception could ordinarily be taken to such appointment. The appointment in the present case does not fall under that category. The appointment was in breach of rules as a case of promotion. It was not a case of direct recruitment. It was not a case of temporary appointment. It was not a case of appointment of a local candidate. This Court in the case of The State of Mysore v. Padmanabhacharya etc.(1) dealt with a rule under Article 309 to the effect that the respondents in that case having been invalidly retired should have been validly retired from service on superannuation. The notification of the Government under Article 309 was issued on 25 March, 1959 there validating the action taken in retiring the respondent and others upon their attaining the age of 55 years. The respondents contended before the High Court that they were entitled to continue in service upto the age of 58 years and not to be retired at the age of 55 years in view of an exception carved out by note 4 to rule 294(1) of the Mysore Civil Services Regulations. This Court did not express any opinion as to the power of the Legislature to make a retrospective provision under Article 309 but the notification retiring certain persons on superannuation was struck down by this Court in these words : "We are, of opinion that this notification cannot be said to be a rule, regulating the recruitment and conditions of service of persons appointed to the services and posts in connection with the affairs of the State. All that the rule does is to say in so many words that certain persons who had been, in view of our decision on this point, invalidly retired should be deemed to have been validly retired from service on superannuation. It would if given effect contravene Article 311 of the Constitution. Such a rule in our opinion is not a rule contemplated under the proviso to Article 309". The contention on behalf of the State that a rule under Article 309 for regularisation of the appointment of a person would be a form of recruitment read with reference to power under Article 162 is unsound and unacceptable. The executive has the power to appoint. That power may have its source in Article 162. In the present case the rule which regularised the appointment of the respondent with effect from 15 February, 1958 notwithstanding any rules cannot be said to be in exercise of power under Article 162. First, Article 162 does not speak of rules whereas Article 309 speaks of rules. Therefore, the present case touches the power of the State, to make rules under Article 309 of the nature impeached here. Secondly, when the Government acted (1) [1966] 1 S.C.R. 994.
Supreme Court of India Cites 4 - Cited by 26 - K N Wanchoo - Full Document

B. N. Nagarajan And Ors vs State Of Mysore And Ors on 1 March, 1966

In Nagarajan's case (supra') this Court said that if rules were made the Executive would have to follow the Rules and the Executive could not under Article 162 of the Constitution ignore the Rule. Therefore, in the present case the Executive acted illegally in regularising the appointment of the respondent Thimmiah. In the present case, the respondent was appointed tempora- rily as officiating Principal on 25 September 1958 until further orders. In foot note I to the letter dated 25 September, 1958 communicating the order it was stated that the Director of Technical Education was requested to forward proposals to fill the post by advertisement through Mysore Public Service Commission. Again on 3 April, 1958 when the respondent was appointed temporarily as officiating Principal with effect from 15 February, 1958 until further orders a similar foot note was given in that letter communicating the order to the effect that the Director of Technical Education would forward proposals to fill up the post by advertisement through Mysore Public Service Commission. These letters totally repel the suggestion of the respondent being a local candidate. 'These letters contain intrinsic evidence that the appointment was to be made, 'by advertisement through Mysore 812 Public Service Commission so that persons who would possess the necessary qualifications would be able to apply for the same for consideration.
Supreme Court of India Cites 12 - Cited by 236 - Full Document
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