Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India-Article 141-Ful/ Bench of High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India - Article 141 - Full Bench of High Court overruling one decision and upholding another decision of Division Bench - State ordering reversion of employees in view of changed law by Full Bench - Applicability of doctrine of prospective overruling in service matters - Held, doctrine is applicable unless expressly stated - On facts, the aggrieved employees were not parties to the overruled decision and the applicability of the doctrine was not stated by Full Bench - Hence, the law laid down by Full Bench will have retrospective effect.Appellant-employees belonged to State Press Subordinate Services. The State issued a Government Order amending the Service Rules relating to promotion between diploma-holders and certificate-holders. Thereafter, the State issued another Government Order appending another proviso to the promotion Rule. The High Court in Daniel v. State of Kerala, [1985] KLT 1057 declared the Rule to be ultra vires, Another Division Bench of the High Court in Ravindran v. State of Kerala, (1992) 1 KLT 524 took a contrary view. On reference, a Full Bench of the High Court in Subaida Beevi v. State of Kerala, (2005) 1 KLT 426 held that the amended Rule is intra vires and overruled the decision in Danial and upheld the decision in Ravindran. A Special Leave Petition challenging the Full Court's judgment was dismissed by this Court. The State issued notices to the appellants as to why they should not be reverted back in view of the law !aid down by the Full Bench which has attained finality. A Writ Petition filed by the appellants before the High Court was dismissed.In appeal to this Court, the appellants contended that the doctrine of prospective ruling would ordinarily apply in service matters and hence the law laid down by the Full Bench of the High Court is not applicable to them. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 73 |
Petitioner | P.v. George And Ors. |
Respondent | State Of Kerala And Ors. |
SCR | [2007] 1 S.C.R. 1198 |
Judgement Date | 2007-01-23 |
Case Number | 322 |
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