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Alok Burman And Ors vs Union Of India Through Secretary ... on 24 November, 2017 cites

Md. Abdul Kadir & Anr vs Director General Of Police, Assam & Ors on 22 April, 2009

In the present case, the petitioners have participated in the fresh selection process under taken by the State Government as per its policy, there is no objection as participating in the recruitment process do not deprive their right to challenge the recruitment process. The petitioners are not claiming promotion or absorption or regularization, what is claimed by the petitioners is that they should be continued in employment till the scheme in question continued or is changed. The case of the petitioners is squarely covered by the Judgment of Hon'ble Apex Court in case of Md. Abdul Kadir & Anr. Vs. Director General of Police (supra). The contention of the learned counsel for the respondents is not tenable in the eyes of law as Rule, 2016 cannot be given retrospective effect any change in the policy in view of the Rules can be given effect only after the Rule come into existence.
Supreme Court of India Cites 8 - Cited by 326 - R V Raveendran - Full Document

Ajay Gupta And Others vs State Of Maharashtra And Others on 24 July, 2012

Learned counsel for the petitioner further submitted that one contractual appointment cannot be replaced by another contractual appointment, it violates the agreement entered into by the petitioners and State. The petitioners' appointment will be co-terminus with the Scheme and any statutory Rules cannot be given to the retrospective effect. Learned counsel for the petitioners has placed reliance on the Judgment rendered by the Hon'ble Apex Court in case of Md. Abdul Kadir & Anr. Vs. Director General of Police reported in (2009) SCC 611 and in case of Ajay & Ors. Vs. State of Maharashtra & Ors. in W.P. No. 9539 of 2012 passed by this Hon'ble Bombay High Court. On such circumstances, learned counsel for the petitioner submitted that this writ petition is fit to be allowed, by granting all the reliefs as sought for by the petitioners.
Bombay High Court Cites 12 - Cited by 1 - D Y Chandrachud - Full Document
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