Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: J & K Secretariat (Subordinate) Services Recruitment Rules 1972: Rules 5(1)(B) Promotion |
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 Allowed |
Headnote | Service Law : J. & K. Secretariat (Subordinate} Services Recruitment Rules, 1972- Rules 5(1}(B}, Substituted by SRO 76 read with SRO 177-Promotion-Power a/Government to relax standard prescribed for promotion-Validity-Candidates nearest to prescribed standard and topping merit list were promoted by relaxing standard prescribed for promotion-Relaxation of Rules made to obviate genuine hardships caused to class of employees-Held, act of the Government neither arbitrary nor capricious-Hence, promotion by relaxing rules is proper-J. & K. Civil Services (Decentralisation of and Recruitment to Non-Gazetted Cadres} Rules, 1969, Rules 1 (2), 14-Constitution of Jammu and Kashmir, proviso to Sec. 124-Constitution of India, Art. 309 The appellants and respondents no. 2 to 7 were permanent Junior Scale Stenographers in Government Departments. Vacancies were available in the cadre of Senior Stenographer. For the selection of suitable candidates for such appointments a test was contemplated under J. & K. Secretariat (Subordinate) Services Recruitment Rules, 1972. The test was conducted by the Recruitment Board constituted under the Rules. Only six candidates however qualified the test and were recommended for appointment. Since the vacancies were still available the Board suggested 26 more candidates whose performance were found to be nearest to the prescribed standard for their appointment as Senior Scale Stenographer by relaxing the standard prescribed under the Rules.The State Government although appointed the six persons, took no decision with regard to those 26 candidates. Those candidates filed a Writ Petition, praying for direction to the State Government for their appointment. The High Court dismissed the writ petition with the obseri'ation that the Government can reject the recommendation of the Recruitment Board for the reasons to be recorded otherwise if the appointments are made, the select list in accordance with the rules should be adhered to; The State Government in the meanwhile amended the rule and made promotion on the posts of Senior Scale stenographer on the basis of seniority, but promotion in this manner could be made only if there are more vacancies then the name recommended by the State Recruitment Board, with the result that additional vacancies after accommodating those who had qualified in the test, could be filled up on the basis of seniority alone. The amended rule was given retrospective effect from 4-12-84 . Five of the 26 candidates made a representation to the State Government and on their representation they were promoted to the post of Senior Scale Stenographer by the State Government by relaxing the Rules vide its order dated 19th December 1986. The retrospective effect of the amended rule and the promotion of the five candidates were challenged in Writ Petitions. The Writ Petition challenging the retrospective effect of the amended rule was dismissed on the ground that the Government could exercise such power, conferred upon it by the virtue of Proviso to Section 124 of the Constitution of Jam mu and Kashmir .The writ petition challenging the appointment of the 5 persons was allowed and the appointment by relaxing the rules was set aside on the finding that such a recommendation could not have been legally made by the State Recruitment Board nor could those persons be treated as persons selected for appointment, the Government had no power to relax the prescribed standard particularly as no Rule, empowered the State Government to relax the prescribed standard. The Letter Patent Appeal against the order was dismissed in Iimine. Hence, this appeal. |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1998 INSC 23 |
Petitioner | Ashok Kumar Uppal And Ors. |
Respondent | State Of J&k And Ors. |
SCR | [1998] 1 S.C.R. 164 |
Judgement Date | 1998-01-14 |
Case Number | 4950 |
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