Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kera/a State and Subordinate Service Rules 1958 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Kerala State and Subordinate Service Rules, 1958,Rule 5-Note (3)-Appointment to cadre of Excise Inspectors - By direct recruitment as also by promotion and/ or/transfer - Fixed ratio or percentage to be applied to cadre strength and not to existing vacancies- Direct recruits claiming that in view of the special rules, namely, Kerala Excise and Prohibition Subordinate Service Rules, 197 4, ratio of 75% and 25% for promotees and direct recruits, respectively, was to be applied to existing vacancies and every fourth existing vacancy was to be filled by direct recruits - Held: The ratio is to be maintained taking into consideration the entire cadre strength and not the existing vacancies - The 1958 Rules having been saved by Kerala Public Service Act, 1968, Note (3) appended to r. 5 of 1958 Rules much after the 19 7 4 Rules, was incorporated in exercise of power under the Act and not under proviso to Article 309 of the Constitution - The general rule which has come later in point of time and which governs all service rules and is not derogant to special rules, will prevail and not the special rules - Kerala Public Service Act 1968 - r. 3 - Kerala Excise and Prohibition Subordinate Service Rules,197 4 - Rule 2 - Constitution of India, 1950 - Article 309 -Proviso - Interpretation of Statutes - Legal Fiction.Legal Maxim:"Generalia specialibus non derogant" - Applicability of. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2008 INSC 213 |
Petitioner | Prasad Kurien And Ors. |
Respondent | K.j. Augustin And Ors. |
SCR | [2008] 3 S.C.R. 1 |
Judgement Date | 2019-02-19 |
Case Number | 122 |
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