NDLI: Union of India and Others Vs. N Murugesan Etc.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law – CPRI (Pay, Recruitment and Promotion) Rules, 1989 (Working Rule No.1) – Direct recruitment – Tenure appointment – Non-extension of – Respondent no.1 was an ex-employee of appellant-Central Power Research Institute (CPRI) – Appointed as Director General thereof through Direct Recruitment for an initial tenure of five years or until further orders, being eligible for reappointment for a further term up to the date of superannuation – Sought extension of service towards the end of tenure – Not extended – Fresh recruitment, private respondent was selected as the new Director-General – Writ petitions filed by respondent inter alia questioning his relieving order and challenging the recruitment of the private respondent – Dismissed by Single Judge on ground of delay and laches – Appeals, allowed by Division Bench – Held: Appointment order very explicitly says that extension is subject to suitability, and such suitability for re-appointment having been considered, this Court is not expected to substitute its view – Employer had discretion and in the absence of any arbitrariness, one cannot question its wisdom – Rules do not prohibit a tenure appointment – Direct recruitment can also be made for filing up the post on a tenure basis – Division Bench misconstrued direct recruitment to mean an appointment to a permanent post – Respondent not entitled to extension – Further, on the principle governing delay, laches, and acquiescence, followed by approbation and reprobation, the respondent ought not to have been granted any relief – Impugned order set aside – Constitution of India – Article 226 – Contract Act, 1872 – ss.3, 7, 8, 39 – Acquiescence – Delay/Laches – Approbation and Reprobation – Doctrine of Election – Doctrine of Fairness – Karnataka Societies Act, 1960. Delay/Laches and Acquiescence – Principles governing – Discussed.Doctrines/Principles – Doctrine of Fairness – Employer and employee relationship – Applicability of – Held: In an employer and employee relationship, the doctrine of fairness has to be applied with more vigour when it involves an instrumentality of the State. Constitution of India – Article 226 – Nature of relief – Extraordinary and discretionary – Discussed. Service Law – Direct recruitment – Definition of – Held: Direct recruitment would mean recruitment through a process stipulated under the rules – Therefore, it cannot be interpret that all direct recruitments are to be made by regular employment – Direct recruitment can also be made for filing up the post on a tenure basis. Words & Phrases – ‘Laches’; ‘acquiescence’; ‘approbation and reprobation’ – Meaning of – Discussed.
Judge	Hon'ble Mr. Justice M.M. Sundresh
Neutral Citation	2021 INSC 628
Petitioner	Union Of India And Others
Respondent	N Murugesan Etc.
SCR	[2021] 10 S.C.R. 253
Judgement Date	2021-10-07
Case Number	2491

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
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7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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