Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1984 - r.30(5)(6) - Respondents were appointed by the State Government as Additional Government Pleaders (Addl.GP)/Assistant Government Pleaders (AGP)/ Additional Public Prosecutors (APP) for a Bench of the High Court Maharashtra Law Officers (Appointments Conditions of Service and Remuneration) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Maharashtra Law Officers (Appointments, Conditions of Service and Remuneration) Rules, 1984 - r.30(5)(6) - Respondents were appointed by the State Government as Additional Government Pleaders (Addl.GP)/Assistant Government Pleaders (AGP) Additional Public Prosecutors (APP) for a Bench of the High Court - Respondents accepted their appointment and started functioning by discharging their duties in Courts in terms of their appointment orders - However, the State Government passed an order and cancelled the appointments of.all the respondents by taking recourse to the powers u/r.30(5) of the Rules -Aggrieved, respondents filed writ petition before High Court, which quashed the order of cancellation - On appeal, held: During the pendency of the appeal, the term of respondents on their respective posts had expired on different dates - Now, that even if the impugned order of High Court is upheld, the respondents would still not be entitled to continue ·anymore on the post because their respective terms have come to an end by efflux of time during the pendency of the appeal - Further, if the cancellation order is upheld, the question of granting any relief to respondents would not arise - In the facts and circumstances of the case, would be just and proper and in the interest of justice to modify the order of cancellation by treating the same to have been passed u/r.30(6) of the Rules - Since, order has been modified by treating it to have been passed u/r.30(6), the State directed to ensure compliance of r.30(6) and accordingly pay one months retainer ·in lieu of notice period to each respondent as was fixed in their respective appointment letters - Service Law - Cancellation of appointments. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 859 |
Petitioner | The State Of Maharashtra & Anr. |
Respondent | Kishor M. Gadhave Patil & Ors. |
SCR | [2017] 8 S.C.R. 1021 |
Judgement Date | 2017-09-05 |
Case Number | 11199 |
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