BACHAN SINGH & ANR. versus UNION OF INDIA & ORS.

BACHAN SINGH & ANR. versus UNION OF INDIA & ORS.

Appointments to Class I Service by interview during the emergency, made in consultation with the Union Public Service Commission and later regularised by the statutory amendments, were valid and such direct recruits could be confirmed in accordance with the prescribed quota; promotees have no valid grievance as confirmation was made within quotas fixed and seniority maintained.

Parties
Appellant: Bachan Singh; Appellant: Appellant No. 2; Respondent: Union of India; Respondent's Advocate: G. L. Sanghi; Respondent's Advocate: B. D. Sharma; Respondent's Advocate: S. P. Nayar; Respondent's Advocate: A. K. Sen; Respondent's Advocate: H. K. Puri; Respondent's Advocate: J. D. Jain
Jurisdiction
India
Judgment Date
17 March 1972
Procedural Posture
Civil Appeal / Appeal by Certificate From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Recruitment Rules, Promotion and Seniority, Public Employment, Relaxation of Recruitment Rules
Service Law Recruitment Rules Promotion and Seniority Public Employment Relaxation of Recruitment Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Bachan Singh

Appellant

Appellant No. 2

Appellant

Union of India

Respondent

G. L. Sanghi

Respondent's Advocate

B. D. Sharma

Respondent's Advocate

S. P. Nayar

Respondent's Advocate

A. K. Sen

Respondent's Advocate

H. K. Puri

Respondent's Advocate

J. D. Jain

Respondent's Advocate

Procedural Posture

Civil Appeal / Appeal by Certificate From High Court Decision

Legal Issues

  1. 1 Whether recruitment to Military Engineer Service Class I by interview constituted recruitment by competition within the meaning of the Rules
  2. 2 Whether direct recruits appointed by interview could be confirmed in permanent posts earlier than promotees who were promoted before their recruitment

Ratio Decidendi

Appointments to Class I Service by interview during the emergency, made in consultation with the Union Public Service Commission and later regularised by the statutory amendments, were valid and such direct recruits could be confirmed in accordance with the prescribed quota; promotees have no valid grievance as confirmation was made within quotas fixed and seniority maintained.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs; parties to bear their own costs