G.L. BATRA versus STATE OF HARYANA AND OTHERS

G.L. BATRA versus STATE OF HARYANA AND OTHERS

State Government, having relaxed Regulation 6 in fixing remuneration for the Chairman of Haryana Public Service Commission as a personal measure, cannot subsequently withdraw that benefit. Such action is discriminatory and violates Article 14 of the Constitution. Further, judicial propriety requires that conflicting judgments of co-ordinate benches must be referred to a larger bench.

Parties
Appellant: G.L. Batra; Respondents: State of Haryana and Others
Jurisdiction
India
Judgment Date
07 October 2013
Procedural Posture
Civil Appeal / Supreme Court Final Decision
Outcome
Appeal allowed
Legal Topics
Appointment of Public Service Commission Chairman, Remuneration and Service Conditions, Judicial Propriety, Discrimination Under Article 14
Constitutional Law Administrative Law Appointment of Public Service Commission Chairman Remuneration and Service Conditions Judicial Propriety Discrimination Under Article 14

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Parties

G.L. Batra

Appellant

State of Haryana and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Decision

Legal Issues

  1. 1 Whether State Government can vary remuneration of a constitutional appointee to his disadvantage after appointment
  2. 2 Whether withdrawal of benefit by relaxing Regulation 6 is discriminatory and violative of Article 14
  3. 3 Propriety of overruling judgment by co-ordinate bench without referring to larger bench

Ratio Decidendi

State Government, having relaxed Regulation 6 in fixing remuneration for the Chairman of Haryana Public Service Commission as a personal measure, cannot subsequently withdraw that benefit. Such action is discriminatory and violates Article 14 of the Constitution. Further, judicial propriety requires that conflicting judgments of co-ordinate benches must be referred to a larger bench.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court set aside
  • State of Haryana orders dated 29.11.1996 and 15.04.1997 quashed