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1 - 10 of 10 (0.95 seconds)Article 309 in Constitution of India [Constitution]
Roshan Lal Tandon vs Union Of India on 14 August, 1967
We are of the view
that reliance by the learned counsel on Roshan Lal Tondon's case (supra) is
totally mis-placed. In the said decision, promotees and direct recruits
brought in one cadre were governed by one set of rules, which is not a case
here.
Bhavnagar University vs Palitana Sugar Mill Pvt. Ltd. & Ors on 3 December, 2002
In Bhavnagar
University vs. Palitana Sugar Mill Pvt. Ltd. and Others [(2003) 2
SCC 111] , the law is laid down in the following terms :
Nityananda Kar And Another, Etc. Etc. vs State Of Orissa And Others, Etc. Etc. on 9 January, 1990
"We have been taken through the judgment of this
Court in Nityananda Kar's case by the learned Counsel
for the parties. With utmost respect, we do not agree
with the reasoning and the conclusions reached therein.
Our reasons for reaching the said conclusion are as
under:
Shri Harish Tandon vs The Addl.District Magistrate, ... on 5 January, 1995
2 SCC 498], Harish
Tandon v. Addl. District Magistrate, Allahabad,
U.P. & Ors. [(1995) 1 SCC 537] and G.
Viswanathan etc. v. Hon'ble Speaker, Tamil Nadu
Legislative Assembly, Madras & Anr. [(1996) 2
SCC 353]."
Article 32 in Constitution of India [Constitution]
M. Venugopal vs The Divisional Manager, Life Insurance ... on 31 January, 1994
The said principle has been reiterated by this Court
in M. Venugopal v. Divisional Manager, Life
Insurance Corporation of India, Machilipatnam,
A.P. & Anr. [(1994) 2 SCC 323].
Direct Recruit Class Ii Engineering ... vs State Of Maharashtra And Ors on 2 May, 1990
We have outlined above our reasons for upholding the validity of the
principle of year of allotment, principal among which is our disinclination to
tamper with a settled practice, in view of the dicta contained in the decision
of this Court in the Direct Recruit Engineering Officers' Association case
(supra). The concept of year of allotment has also been shown to be a
workable one, inasmuch as it was still open to the Government in the post-
1973 merger scenario to recruit officers from a variety of sources, including,
but not limited to, transfer from comparable services. When once the
concept of year of allotment is deemed to be upheld, it matters not that the
first name of the O.S.A.S. would rank immediately below the last name of
the erstwhile O.A.S. The material point of fact is that through the adoption
of a legal fiction and by having recourse to his Constitutional function under
Article 309 of the Constitution, the Governor of the State of Orissa
appointed certain officers in the year 1975, who were appointed against
vacancies which were identified in the year 1973, prior to the entry into
force of the Merger Resolution of December 1973. That being the case, the
legal fiction of year of allotment would operate in respect of the 1975
appointees as if they had been appointed in the year when the vacancies
were initially identified; in other words, they would be deemed to have been
appointed in the year 1973, prior to the merger of the O.A.S. II with the
O.S.A.S., although their actual period of service was seen to commence only
in 1975.
Ananta Kumar Bose And Ors. vs State Of Orissa And Ors. on 11 January, 1984
So as to give practical effect to certain observations and directions
made by the High Court in Ananta Kumar Bose (supra), the Legislature of
the State of Orissa enacted the Orissa Administrative Service, Class II
(Appointment of Officers Validation) Act, 1987.
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