J.C. YADAV & ORS. versus STATE OF HARYANA & ORS.

J.C. YADAV & ORS. versus STATE OF HARYANA & ORS.

Rule 22 empowers the State Government to relax requirements for individuals or a group to meet particular situations of hardship, and such relaxation, when exercised bona fide, is valid and effective even if granted in a general manner; the appellants' promotions are valid and regularized as they subsequently met...

Source-derived case information.

Parties
Appellant: J.C. Yadav; Appellant: B.R. Batra; Appellant: O.P. Juneja; Appellant: S.L. Chopra; Appellant: M.S. Miglani; Appellant: C.P. Taneja; Appellant: Surjit Singh; Appellant: V.P. Gulati; Respondent: State of Haryana; Respondent: Vyas Dev; Respondent: Govind Mukhoty; Respondent: Dr. Shankar Ghosh; Respondent: S.C. Mohanta; Respondent: Mahabir Singh; Respondent: T.C. Sharma; Respondent: P.P. Singh; Respondent: S.K. Verma; Respondent: C.M. Nayyar; Respondent: C.V.S. Rao
Jurisdiction
India
Judgment Date
20 February 1990
Procedural Posture
Civil Appeal / Appeal From Punjab and Haryana High Court, Division Bench
Outcome
appeal allowed
Legal Topics
Promotion, Relaxation of Service Rules, Interpretation of Statutory Rules, Hardship in Service Rules
Service Law Promotion Relaxation of Service Rules Interpretation of Statutory Rules Hardship in Service Rules

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Parties

J.C. Yadav

Appellant

B.R. Batra

Appellant

O.P. Juneja

Appellant

S.L. Chopra

Appellant

M.S. Miglani

Appellant

C.P. Taneja

Appellant

Surjit Singh

Appellant

V.P. Gulati

Appellant

State of Haryana

Respondent

Vyas Dev

Respondent

Govind Mukhoty

Respondent

Dr. Shankar Ghosh

Respondent

S.C. Mohanta

Respondent

Mahabir Singh

Respondent

T.C. Sharma

Respondent

P.P. Singh

Respondent

S.K. Verma

Respondent

C.M. Nayyar

Respondent

C.V.S. Rao

Respondent

Procedural Posture

Civil Appeal / Appeal From Punjab and Haryana High Court, Division Bench

Legal Issues

  1. 1 Whether the State Government has authority under Rule 22 of Haryana Service of Engineers Class I PWD (Public Health Branch) Rules, 1961 to grant relaxation in a general manner to a group of individuals.
  2. 2 Validity of the appellants' promotions to Class I posts without the prescribed qualification of eight years service in Class II.
  3. 3 Interpretation of 'in any particular case' in Rule 22.

Ratio Decidendi

Rule 22 empowers the State Government to relax requirements for individuals or a group to meet particular situations of hardship, and such relaxation, when exercised bona fide, is valid and effective even if granted in a general manner; the appellants' promotions are valid and regularized as they subsequently met the qualifying service period.

Court Disposition

appeal allowed

Orders

  • Judgment and order of the Division Bench dated 15.1.1980 is set aside.
  • Order of the learned single Judge dismissing the respondent's writ petition is restored.