Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rule 159 Service Law Railways Rules for Recruitment and Training of Group C and Group D Staff |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Apprentices Act, 1961 (52 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law : Railways : Rules for Recruitment and Training of Group C and Group D Staff, Rule 159 - Held : Trade Apprentices have no right to be appointed. However Railways may consider their cases for selection. Policy decision - no direct entry to Group C Post - All vacant posts to be filled up by promotion from Group D Post to Accommodate surplus staff due to closure to unit - Policy decision held reasonable to keep industrial peace - Not arbitrary or discriminatory.Temporary appointment - Termination of service - Notice or pay in lieu of notice period - Not violative of Articles 14 and 16 of the Constitution.Apprentices Act, 1961. Section 22 - Trainees successfully completed training as Fitters - Claim to get employment - Held : Trade Apprentices have no right to be appointed under the Act. Constitution of India - Articles 14 and 16 - Trade Apprentices selected under Apprentices Act, 1961 - Interviewed, selected and appointed as Fitter Grade III - Appointment cancelled in view of Policy decision - Later appointed alternatively as Carriage Khalasi in Group D category - Action by Railways held not arbitrary, discriminatory or violative of Articles 14 and 16. - Service Law. |
Judge | Hon'ble Mr. Justice S.N. Phukan |
Neutral Citation | 1999 INSC 188 |
Petitioner | Mitrangshu Roy Choudhary And Ors. |
Respondent | Union Of India And Ors. |
SCR | [1999] 2 S.C.R. 683 |
Judgement Date | 1999-04-15 |
Case Number | 3210 |
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