H.L. TREHAN AND ORS. ETC. versus UNION OF INDIA AND ORS. ETC.

H.L. TREHAN AND ORS. ETC. versus UNION OF INDIA AND ORS. ETC.

The alteration of service conditions by the impugned circular without providing an opportunity of hearing to affected employees is arbitrary, violates principles of natural justice, and offends Article 14; post-decisional hearing does not cure such violation.

Parties
Appellants: H.L. Trehan and Others; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
22 November 1988
Procedural Posture
Civil Appeals by Special Leave / Supreme Court Decision on Appeal From Delhi High Court
Outcome
Appeal dismissed
Legal Topics
Natural Justice, Conditions of Service, Government Companies, Deprivation of Service Benefits, Post Decisional Hearing
Administrative Law Service Law Constitutional Law Natural Justice Conditions of Service Government Companies Deprivation of Service Benefits Post Decisional Hearing

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Parties

H.L. Trehan and Others

Appellants

Union of India and Others

Respondents

Procedural Posture

Civil Appeals by Special Leave / Supreme Court Decision on Appeal From Delhi High Court

Legal Issues

  1. 1 Whether perquisites and allowances of management staff could be rationalised/altered without affording affected employees opportunity of hearing
  2. 2 Whether post-decisional hearing satisfies the rules of natural justice
  3. 3 Whether alteration of service conditions without hearing amounts to arbitrariness under Article 14 of the Constitution

Ratio Decidendi

The alteration of service conditions by the impugned circular without providing an opportunity of hearing to affected employees is arbitrary, violates principles of natural justice, and offends Article 14; post-decisional hearing does not cure such violation.

Court Disposition

Appeal dismissed

Orders

  • The appeals are dismissed.
  • The impugned circular rationalising perquisites is quashed.