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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
Supreme Court of India Cites 3 - Cited by 98 - S M Sikri - Full Document

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.
Supreme Court of India Cites 13 - Cited by 553 - B P Sinha - Full Document
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