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1 - 10 of 71 (0.32 seconds)Article 309 in Constitution of India [Constitution]
Article 162 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Section 3 in Karnataka State Civil Services Act, 1978 [Entire Act]
Article 226 in Constitution of India [Constitution]
State Of Madhya Pradesh & Anr vs Dharam Bir on 8 June, 1998
[b] Decision of the Supreme Court in State of M.P. v. Dharam Bir, reported in (1998) 6 SCC 165 was cited for the proposition that when the post was not filled up on a regular basis in accordance with the Rules, it could be treated by the State to be vacant. The Court held that whether a person holds a particular post in a substantive capacity or is only temporary or ad hoc is a question which directly relates to his status. It all depends upon the terms of appointemnt. It is not open to any government employee to claim automatic alteration of status unless that result is specifically envisaged by some provision in the statutory rules. Unless, therefore, there is a provision in the statutory rules for alteration of status in a particular situation, it is not open to any government employee to claim a status different than that which was conferred upon him at the initial or any subsequent stage of service.
J & K Public Service Commission vs Dr Narinder Mohan on 7 December, 1993
[g] Decision in case of J & K Public Service Commission v. Dr. Narinder Mohan, reported in AIR 1994 SC 1808, was cited for the proposition that the executive power under Article 162 of the Constitution could be exercised only to fill in the gaps but such instructions cannot and should not supplant the law, but would only supplement the law. It was held that, having made the rules governing recruitment, the executive cannot fall back upon its general power under Article 162 to regularise the ad hoc appointments under the Rules. It was held that the Rule 9(3) of the J & K Medical Education (Gazeted) Services Recruitemtn Rules (1979), empowered only to relax the qualification of age in particular exigencies which cannot be called in aid to relax the rules of recruitment. It was held that the Government had no power to make regular appointment under the Rules without selection by the Public service commission under Article 133(1) of the J. & K. Constitution.