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1 - 10 of 11 (0.31 seconds)Article 16 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
P.S.Mahal & Ors vs Union Of India & Ors on 23 May, 1984
In giving these directions we have
followed more or less the directions given in P.S. Mahal &
Ors. V. Union of India & Ors. (supra).
Pran Krishna Goswami & Ors vs State Of West Bengal And Ors on 24 April, 1985
v. Union of India & Ors.
[1985] 3 S.C.R. 271, G.S. Lamba & Ors. v. Union of India &
Ors. [1985] 3 S.C.R. 431, Pran Krishoa Goswami & Ors. v.
State of West Bengal & Ors. [1985] Supp.
D.R. Nim, I. P. S vs Union Of India on 5 January, 1967
As observed in D.R. Nim, I.P.S. v. Union of India
[1967] 2 S.C.R. 325 when an officer has worked for a long
period as in this case for nearly fifteen to twenty years in
a post and had never been reverted it cannot be held that
the officer's continuous officiation was a mere temporary or
local or stop gap arrangement even though the order of
appointment may state so. In such circumstances the entire
period of officiation has to be counted for seniority. Any
other view would be arbitrary and violative of Articles 14
and 16(1) of the Constitution because the temporary service
in the post in question is not for a short period intended
to meet some emergent or unforeseen circumstances. Clause
The Code of Civil Procedure, 1908
D.K Mitra Ors vs Union Of India And Ors on 1 July, 1985
S.C.C. 221; D.K. Mitra & Ors. v. Union of
India & Ors. [1985] Supp. S.C.C. 243 referred to. Karam Pal
Ors. etc. v. Union of India & Ors. [1985] 3 S.C.R. 271
distinguished.
O.P. Singla & Anr. Etc vs Union Of India & Ors on 14 August, 1984
The decision in A. Janardhana's case (supra) and the
decision in O.P. Singla's case (supra) strongly support the
above view. It is necessary to refer to them in great detail
since in G.S. Lamba's case (supra) the effect of the said
decisions is set out very clearly.
State Of U. P vs Manbodhan Lal Srivastava on 20 September, 1957
Coming home in State
of U.P. v. Manbodan Lal Srivastava, [1958] S.C.R.
533 a Constitution Bench of this Court
specifically held that where consultation with the
Public Service Commission is provided as required
by Art. 320(3) (c) of the Constitution such
provisions is not mandatory and they do not confer
any rights on public servants so that the absence
of consultation or irregularity In consultation
does not afford him a cause of action in a court
of law. There are number of subsequent decisions
to which our attention was called reiterating the
same principle. Therefore assuming there was
failure to consult the Union Public Service
Commission before exercising the power to relax
the mandatory quota rule and further assuming that
the posts in Integrated Grade IT and III were
within the purview of the Union Public Service
Commission and accepting for the time being that
the Commission was not
235
consulted before the power to relax the rule was
exercised yet the action taken would not be
vitiated nor would it furnish any help to Union of
India which itself cannot take any advantage of
its failure to consult the Commission. Therefore
it can be safely stated that the enormous
departure from the quota rule year to year permits
an inference that the departure was in exercise of
the power of relaxing the quota rule conferred on
the controlling authority.