GAJRAJ SINGH versus THE STATE OF MADHYA PRADESH & ANR.

GAJRAJ SINGH versus THE STATE OF MADHYA PRADESH & ANR.

Employees provisionally absorbed in the new State, who are retrenched under specific categories prescribed by Retrenchment Terms, are not employees of the new State within the meaning of Article 311, and removal based on objective criteria such as lack of minimum qualification or surplus status does not attract Article 311.

Parties
Appellant: Gajraj Singh; Respondents: The State of Madhya Pradesh & Anr.
Jurisdiction
India
Judgment Date
28 March 1973
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated December 20, 1966 of the Madhya Pradesh High Court, Indore Bench in First Appeal No. 61 of 1962
Outcome
Appeal dismissed
Legal Topics
Article 311, Retrenchment Terms, Absorption of Government Employees
Constitutional Law Service Law Article 311 Retrenchment Terms Absorption of Government Employees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Gajraj Singh

Appellant

The State of Madhya Pradesh & Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated December 20, 1966 of the Madhya Pradesh High Court, Indore Bench in First Appeal No. 61 of 1962

Legal Issues

  1. 1 Whether the impugned order amounted to dismissal attracting Article 311 of the Constitution
  2. 2 Whether retrenchment based on stigma or lack of qualification could sustain the order

Ratio Decidendi

Employees provisionally absorbed in the new State, who are retrenched under specific categories prescribed by Retrenchment Terms, are not employees of the new State within the meaning of Article 311, and removal based on objective criteria such as lack of minimum qualification or surplus status does not attract Article 311.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs