Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Article 142 of Constitution of India Service Law Punjab Police Rules 1934 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law:Punjab Police Rules, 1934 - r. 13. 7, 13. 8 - Promotion of Constables to the rank of Head Constables - Rules pertaining to eligibility criteria for promotion changed by first amended Rules - Said Rules again changed by second amended Rules - Constables to be governed by first amended Rules or second amended Rules - Held: On facts, the vacancies occurring during the period 4.3.1982 till 17.6.1988 are to be governed by the amended rule that came into force on 4.3.1982 and the vacancies occurring after 17.6.1988 amendment, are to be governed by the Rule as amended by the notification dated 17.6.1988 - The latter decision which completely misread the earlier decision and erroneously observed that every confirmed employee had a vested right, is unsustainable - Tribunal did not appreciate that the right was restricted to the accrued vacancies - It was open to the department to take steps in accordance. with the amended Rule in respect of vacancies to the post" of Head Constables which might have accrued subsequent to the coming into force of the amended Rules which may fall vacant thereafter - If that order is allowed to reign it would have disastrous impact on justice and would tantamount to miscarriage of justice - High Court rightly quashed the said order - Constitution of India, 1950 - Article 142.Practice and procedure - Necessary party - Non- impleadment - Effect of - Held: When by the determination of the tribunal the rights of the parties had squarely been affected, the situation commanded that they should have been impleaded being necessary parties - Non-impleadment permits them to take the plea that the said order does not bind them - Plea. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 423 |
Petitioner | H.c. Kulwant Singh & Ors. |
Respondent | H.c. Daya Ram & Ors. |
SCR | [2014] 11 S.C.R. 1053 |
Judgement Date | 2014-06-30 |
Case Number | 5859 |
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