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THE CONSTITUTION OF INDIA ART. 16
Railway canteen staff not appointed according to regular recruitment process. Not entitled to regularisation of services. (Mohan Singh v Chairman, Railway Board, AIR 2015 SC 3027 : (2015)10 SCC 759 : 2015 AIR SCW 4501).
Appointments made de hors the rules cannot be regularised under Article 142 by the Supreme Court on sympathetic grounds. (A. Umarani v Registrar, Co-operative Societies, AIR 2004 SC 4504 : (2004)7 SCC 112).
Sanctioned post not available - Appointment made by incompetent authority without advertising the post - Appointee is not entitled to regularisation of service. (Upendra Singh v State of Bihar and Others, AIR 2018 SC 1315).
Ad hoc appointment is always to a post but not to the cadre/service and is also not made in accordance with the provisions contained in the recruitment rules for regular appointment. (State of Rajasthan v Jagdish Narain Chaturvedi, AIR 2010 SC 157 (162) : (2009)12 SCC 49).
Recruitment by transfer of candidates from other services if most eligible persons are available can be made. (Association of Engineers v Government of Tamil Nadu and Others, AIR 2017 SC 5111).
Promotion - Promotion is a fundamental right of an employee. (Union of India v Hemraj Singh Chauhan, AIR 2010 SC 1682 : (2010)4 SCC 290).
Sealed cover procedure in promotion of Government servant - Such cases to be reviewed after every six months. (Harsh Kumar Sharma, IPS v State of Punjab, AIR 2017 SC 124 : (2017)4 SCC 366).
Although a person has no fundamental right of promotion in terms of Article 16 of the Constitution of India, he has a fundamental right to be considered therefor. (S.B. Bhattacharjee v S.D. Majumdar, AIR 2007 SC 2102 : (2007)10 SCC 513 : 2007 AIR SCW 3619).
A senior cannot be denied promotion. (State of Haryana v Rameshwar Dass, AIR 2009 SC 3051 : (2009)7 SCC 400).
Regular service — For promotion Rule required five years’ regular service “in the respective regions”. These words must be understood to mean that the candidates should have served in the respective regions, that is, the regions where they were posted earlier and the region where they seek promotion all together for five years. Thus a candidate has served in one region and then transferred to another, and seeks promotion in that region, the rule does not require that the candidate must have acquired experience of five years in the region where he seeks promotion, for being considered eligible. (M.M. Thomas v Union of India, AIR 2017 SC 2510 : (2017)13 SCC 722).
Direct recruitment and promotion, challenge by unsuccessful candidate after the declaration of the result is not allowed, principle of estoppel would apply. (Pradeep Kumar Rai v Dinesh Kumar Pandey, AIR 2015 SC 2342 : (2015)11 SCC 493 : 2015(6) Scale 238).
Where Select Committee supersedes a member of State Police Service without recording any reason, there is violation of Article 16. (Uma Charan v State of M.P., AIR 1981 SC 1915 : (1981)4 SCC 102).
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