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1 - 8 of 8 (1.17 seconds)Article 16 in Constitution of India [Constitution]
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
They have
also relied upon the judgment of the Apex Court in Secretary, State of
Karnataka Vs. Umadevi [(2006) 4 SCC 1] wherein it has been held as
under :-
Secretary, State Of Karnataka And ... vs Umadevi And Others on 10 April, 2006
The respondents was
fully justified in their reliance to the judgment of the Constitution Bench of
the Apex Court in Secretary, State of Karnataka Vs. Umadevi (supra)
wherein it has been held that any appointment through side-door would be
violative of the constitutional scheme of equality contained in Articles 14
and 16 of the Constitution of India.
Article 226 in Constitution of India [Constitution]
Article 21 in Constitution of India [Constitution]
Prashant C.M vs Assistant Superintendent Of Post ... on 26 November, 2009
6. They have also relied upon the order of this Tribunal in OA 417/09 -
Prashant C.M. Vs. Assistant Superintendent of Post Offices,
Trivandrum North Sub Division and others dated 26.11.2009 (Annexure
R-1) in which it was held that unless a person fulfills all the conditions
prescribed for appointment as casual labourer as envisaged in D.G.Posts
letter dated 6.6.1988, he will not be entitled for any preference.
D.Kaladharan vs Sub Post Master on 20 October, 2008
7. The applicant has filed a rejoinder stating that the direction of
the High Court was to allow him to continue, if he is found honest
and competent, considering the fact that he has been working for a long
period and has already came out second in the process of selection for
the same post. He has also relied upon the order of the Coordinate
Bench of this Tribunal in O.A.82/03 dated 23.7.2003 - D.Kaladharan
Vs. Sub Post Master, Chavara and others. The applicant therein
was working as GDS SV, previously designated as Extra Departmental
Stamp Vendor. He was aggrieved by the move on the part of
the respondents to terminate what he considered to be his provisional
engagement as GDS SV, without considering him for alternate
appointment. He has, therefore, sought a declaration that his service
as Stamp Vendor Chavara Sub Post Office was not liable to be terminated
except in accordance with the principles contained in Ss.25F and 25H of
the Industrial Disputes Act and to direct the respondents not to terminate
his services except in accordance with the principles contained in the
aforesaid sections. He has also sought a direction to the respondents to
consider him for grant of alternate employment to the post of GDS SV
Chavara or any other existing or future vacancy on termination of his
provisional service as GDS SV,Chavara. This Tribunal declared that the
applicant therein was provisionally appointed to the post of GDS SV,
Chavara with effect from 12.9.1999 and that under the extant rules,
instructions and orders he was entitled to all the benefits including alternate
appointment available to a provisional employee facing termination of
service.
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