K. JAGADEESAN versus UNION OF INDIA AND OTHERS

K. JAGADEESAN versus UNION OF INDIA AND OTHERS

The notification prescribing a degree qualification for promotion to Director (M.E.) operates prospectively, affects only mere chances of promotion and not conditions of service, and is within the government's power unless perverse or irrelevant. The challenge to the notification fails.

Parties
Appellant: K. Jagadeesan; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
19 February 1990
Procedural Posture
Civil Appeal / Appeal Against Order of Central Administrative Tribunal, Hyderabad
Outcome
Appeal dismissed
Legal Topics
Promotion, Recruitment Rules, Retrospective Legislation, Qualifications for Promotion
Administrative Law Service Law Promotion Recruitment Rules Retrospective Legislation Qualifications for Promotion

Case Brief

Summary, issues, holding and outcome

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Parties

K. Jagadeesan

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against Order of Central Administrative Tribunal, Hyderabad

Legal Issues

  1. 1 Whether the amendment requiring a degree for promotion to Director (M.E.) is retrospective and affects conditions of service
  2. 2 Whether the prescription of a qualification for promotion by the government is unreasonable or perverse

Ratio Decidendi

The notification prescribing a degree qualification for promotion to Director (M.E.) operates prospectively, affects only mere chances of promotion and not conditions of service, and is within the government's power unless perverse or irrelevant. The challenge to the notification fails.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs