H.C. PUTTASWAMY AND ORS. versus HONBLE CHIEF JUSTICE OF KARNATAKA HIGH COURT, BANGALORE AND ORS.

H.C. PUTTASWAMY AND ORS. versus HONBLE CHIEF JUSTICE OF KARNATAKA HIGH COURT, BANGALORE AND ORS.

Appointments made by the Chief Justice bypassed statutory rules and were invalid, but considering humanitarian aspects and long service, Supreme Court directed regularisation of appointments with all past benefits for affected individuals.

Parties
Appellants: H.C. Puttaswamy and Ors.; Respondents: Hon'ble Chief Justice of Karnataka High Court, Bangalore and Ors.
Jurisdiction
India
Judgment Date
05 November 1990
Procedural Posture
Review Petition/appeal / Supreme Court Review and Special Leave Appeal After High Court Judgment
Outcome
Appeals allowed; appointments regularised.
Legal Topics
High Court Recruitment Procedures, Appointment of Court Staff, Age Relaxation, Rule of Law and Judiciary Ethics
Constitutional Law Administrative Law Service Law High Court Recruitment Procedures Appointment of Court Staff Age Relaxation Rule of Law and Judiciary Ethics

Case Brief

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Parties

H.C. Puttaswamy and Ors.

Appellants

Hon'ble Chief Justice of Karnataka High Court, Bangalore and Ors.

Respondents

Procedural Posture

Review Petition/appeal / Supreme Court Review and Special Leave Appeal After High Court Judgment

Legal Issues

  1. 1 Validity of appointments made by Chief Justice of Karnataka High Court to posts of Second Division Clerks contrary to statutory recruitment rules
  2. 2 Whether age relaxation under Rule 6(3)(b) could be granted to those whose appointments were quashed
  3. 3 Whether humanitarian and equitable considerations justify regularisation of appointments

Ratio Decidendi

Appointments made by the Chief Justice bypassed statutory rules and were invalid, but considering humanitarian aspects and long service, Supreme Court directed regularisation of appointments with all past benefits for affected individuals.

Court Disposition

Appeals allowed; appointments regularised.

Orders

  • Appellants to be treated as regularly appointed with all past service benefits.
  • Judgment of High Court modified; this order governs all whose appointments were quashed.