LALJEE DUBEY AND OTHERS versus UNION OF INDIA AND OTHERS

LALJEE DUBEY AND OTHERS versus UNION OF INDIA AND OTHERS

The denial of the benefit of classification as lower division clerks to the appellants, who fulfilled the requisite qualifications and were similarly situated as others who received such benefit under the President's letter dated November 17, 1953, amounted to arbitrary discrimination and was violative of Articles 14 and 16 of the Constitution of India. The authorities had no discretion to select among qualified checkers, and the appellants were entitled to be redesignated in accordance with the directions in the letter.

Parties
Appellants: Laljee Dubey and others; Respondents: Union of India and others
Jurisdiction
India
Judgment Date
13 November 1973
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 29th September, 1965 of the Allahabad High Court in Second Appeal No. 2517 of 1961
Outcome
Appeal allowed
Legal Topics
Administrative Orders and Classification, Equality Before Law (articles 14 and 16), Service Designation and Classification, Discrimination in Public Employment
Constitutional Law Service Law Administrative Orders and Classification Equality Before Law (articles 14 and 16) Service Designation and Classification Discrimination in Public Employment

Case Brief

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Parties

Laljee Dubey and others

Appellants

Union of India and others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated 29th September, 1965 of the Allahabad High Court in Second Appeal No. 2517 of 1961

Legal Issues

  1. 1 Whether denial of designation as lower division clerks to appellants, who were similarly situated as others who received such benefit, is discriminatory and violative of Articles 14 and 16 of the Constitution of India
  2. 2 Whether the President's letter dated November 17, 1953 constituted a rule under Article 309 or was merely an administrative/executive order

Ratio Decidendi

The denial of the benefit of classification as lower division clerks to the appellants, who fulfilled the requisite qualifications and were similarly situated as others who received such benefit under the President's letter dated November 17, 1953, amounted to arbitrary discrimination and was violative of Articles 14 and 16 of the Constitution of India. The authorities had no discretion to select among qualified checkers, and the appellants were entitled to be redesignated in accordance with the directions in the letter.

Court Disposition

Appeal allowed

Orders

  • The judgment of the High Court is set aside. The appellants are entitled to be designated as lower division clerks as per the President's letter dated November 17, 1953. The parties will pay and bear their own costs.