NDLI: R. Muthukumar & Ors. Vs. The Chairman and Managing Director Tangedco & Ors.

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 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Service Law: Concession-based orders – Public employer conceding in course of proceedings to a compromise – Such compromise, when not justified – Held: Fairness demands that public bodies, as model employers, do not pursue untenable submissions – In such cases, a concession, which is based on law, and accords to a just interpretation of the concerned law and/or rules, is sustainable – However, it is altogether another thing for a public employer, whose conduct is questioned, and who has succeeded on the merits of the case before the lower forum to voluntarily agree, in an unreasoned manner, to a compromise – The harm and deleterious effect of such conduct is to prioritize the claim of those before the court, when it is apparent that a large body of others, waiting with a similar grievance (and some of whom probably have a better or legitimate claim on merits to be appointed) are not parties to the proceedings – In such cases, a compromise is not only unjustified, it is contrary to law and public interest – Compromise/ Settlement. Constitution of India: Art. 14 – Negative equality – Held: A principle, axiomatic in this country’s constitutional lore is that there is no negative equality – If there has been a benefit or advantage conferred on one or a set of people, without legal basis or justification, that benefit cannot multiply, or be relied upon as a principle of parity or equality
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2022 INSC 157
Petitioner	R. Muthukumar & Ors.
Respondent	The Chairman And Managing Director Tangedco & Ors.
SCR	[2022] 1 S.C.R. 577
Judgement Date	2022-02-07
Case Number	1144

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