DIRECTOR GENERAL OF POSTS & ORS. versus K. CHANDRASHEKAR RAO

DIRECTOR GENERAL OF POSTS & ORS. versus K. CHANDRASHEKAR RAO

Office Memorandums affecting compassionate appointment quota are to operate prospectively; existing appointments made under the previous scheme cannot be retrospectively terminated since no supporting data or material was placed to justify that such appointments were in excess of the quota. Government policy...

Source-derived case information.

Parties
Appellant: Director General of Posts & Ors.; Respondent: K. Chandrashekar Rao
Jurisdiction
India
Judgment Date
13 December 2012
Procedural Posture
Civil Appeal / Final Disposition
Outcome
Appeals dismissed
Legal Topics
Compassionate Appointment, Judicial Review, Government Policy, Office Memorandum, Termination of Service
Service Law Administrative Law Compassionate Appointment Judicial Review Government Policy Office Memorandum Termination of Service

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Parties

Director General of Posts & Ors.

Appellant

K. Chandrashekar Rao

Respondent

Procedural Posture

Civil Appeal / Final Disposition

Legal Issues

  1. 1 Whether the Office Memorandums modifying the Compassionate Appointment Scheme could operate retrospectively to terminate appointments made prior to their issuance
  2. 2 Whether the appointments under the Compassionate Appointment Scheme were in excess of quota and liable to be terminated
  3. 3 Whether the government policy decisions in relation to compassionate appointments are susceptible to judicial review

Ratio Decidendi

Office Memorandums affecting compassionate appointment quota are to operate prospectively; existing appointments made under the previous scheme cannot be retrospectively terminated since no supporting data or material was placed to justify that such appointments were in excess of the quota. Government policy decisions for economic reasons are not open to judicial interference, but directions are issued for clarity and to protect settled rights.

Court Disposition

Appeals dismissed

Orders

  • Appointments of respondents will not be interfered with by the appellants on the strength of memorandum dated 04-07-2002.
  • Appellants directed to issue comprehensive, certain, and unambiguous directions to clarify the Compassionate Appointment Scheme and put an end to controversies.