Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Consultation |
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 234-Consultation with the High Courts-Appellant claimed benefit of seniority and pay fixation on the basis of Reservation Rules notified against opinion of the Full Court-Benefit given as per order of the High Court-Writ petition filed against decision dismissed, thereafter S.L.P. also dismissed-Further benefit also granted by High Court which was again challenged by two sets of writ petitions questioning validity of the Reservation Rules-Writ Petitions allowed-On appeal Held, consultation contemplated is not a mere formality, it has to be effective and meaningful-High Court possesses requisite expertise and experience to be assigned a place of primacy in the process of consultation-Reservation Rules are ultra vires, hence ineffective and unenforceable, the previous orders giving benefit of seniority and pay fixation struck down-Continuance in present post held by appellant allowed as a special case till appellant becomes eligible for the same, subject to consideration and approval of High Court-Service Law Ex-Servicemen (Reservation of Vacancy in H.P.J.S.) Rules, 1981. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2000 INSC 401 |
Petitioner | A.c. Thalwal |
Respondent | High Court Of Himachal Pradesh And Ors. |
SCR | [2000] Supp. (2) S.C.R. 428 |
Judgement Date | 2000-08-17 |
Case Number | 9389 |
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