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1 - 10 of 14 (0.42 seconds)Article 16 in Constitution of India [Constitution]
Bachhittar Singh vs The State Of Punjab on 7 March, 1962
In the case of Bachhittar Singh v. State of Punjab
a Constitution Bench of this Court had to consider
the effect of an order passed by a Minister on a file,
which order was not communicated. This Court,
relying upon Article 166(1) of the Constitution, held
that the order of the Revenue Minister, PEPSU could
not amount to an order by the State Government
unless it was expressed in the name of Rajpramukh
as required by the said article and was then
communicated to the party concerned. This is how
13
this Court dealt with the effect of the noting by a
Minister on the file:
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
14.The next issue that we are now required to consider is
whether the aforesaid respondents could have been directed
to be so absorbed. Similar issues regarding absorption or
regularisation of casual labours are raised time and again
in various branches and offices of the Government and this
Court has had the opportunity to deal with such issues in
the past in several cases. We attempt to refer to two
decisions of this Court which are considered to be the latest
decisions and landmark decisions and which are binding on
us. We may refer to the constitutional bench decision of this
Court in Secretary, State of Karnataka and Others v.
Umadevi (3) and Others reported in (2006) 4 SCC 1. The
relevant portion of the said judgment, viz., paragraphs 43 &
45, are as follows:-
Liquidator vs . Dayanand & Ors. (Reported In on 17 March, 2009
15.Subsequent to the aforesaid decision, the issue again arose
for consideration before the 3-Judges Bench of this Court in
the Official Liquidator v. Dayanand and Others reported
in (2008) 10 SCC 1 wherein this Court in paragraphs 68
and 116 observed as follows: -
State Of Bihar vs Upendra Narayan Singh & Ors on 20 March, 2009
16.In our considered opinion, the ratio of both the aforesaid
decisions are clearly applicable to the facts and
circumstances of the present case. In our considered
opinion, there is misplaced sympathy shown in the case of
the respondents who have worked with the appellants only
for two years, i.e., from 1981 to 1983. Even assuming that
the similarly placed persons were ordered to be absorbed,
the same if done erroneously cannot become the foundation
for perpetuating further illegality. If an appointment is made
illegally or irregularly, the same cannot be the basis of
further appointment. An erroneous decision cannot be
permitted to perpetuate further error to the detriment of the
general welfare of the public or a considerable section. This
has been the consistent approach of this Court. However,
we intend to refer to a latest decision of this Court on this
point in the case of State of Bihar v. Upendra Narayan
20
Singh & Others [(2009) 5 SCC 69], the relevant portion of
which is extracted hereinbelow: -
M/S. Faridabad Ct Scan Centre vs D. G. Health Services & Ors on 15 September, 1997
[A reference in this regard may also be made to the earlier
decisions of this Court. See also: 1) Faridabad CT. Scan
Centre v. D.G. Health Services and Others [(1997) 7 SCC
752]; 2) South Eastern Coalfields Ltd. v. State of M.P. and
Others [(2003) 8 SCC 648] and 3) Maharaj Krishan Bhatt
and Another v. State of J&K and Others [(2008) 9 SCC 24]].
South Eastern Coalfields Ltd. vs State Of M.P. And Ors. on 13 October, 2003
[A reference in this regard may also be made to the earlier
decisions of this Court. See also: 1) Faridabad CT. Scan
Centre v. D.G. Health Services and Others [(1997) 7 SCC
752]; 2) South Eastern Coalfields Ltd. v. State of M.P. and
Others [(2003) 8 SCC 648] and 3) Maharaj Krishan Bhatt
and Another v. State of J&K and Others [(2008) 9 SCC 24]].
Maharaj Krishan Bhatt & Anr vs State Of J.&K. & Ors on 1 August, 2008
[A reference in this regard may also be made to the earlier
decisions of this Court. See also: 1) Faridabad CT. Scan
Centre v. D.G. Health Services and Others [(1997) 7 SCC
752]; 2) South Eastern Coalfields Ltd. v. State of M.P. and
Others [(2003) 8 SCC 648] and 3) Maharaj Krishan Bhatt
and Another v. State of J&K and Others [(2008) 9 SCC 24]].