MOHINDER SINGH versus STATE OF HARYANA & ORS.

MOHINDER SINGH versus STATE OF HARYANA & ORS.

Inspectors and Sub-Inspectors in the Food and Supplies Department are officers within the meaning of recruitment rules, and exclusion of the appellant was unjustified. The appellant was entitled to consideration for recruitment in 1980 as an executive officer.

Parties
Appellant: Mohinder Singh; Respondents: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
07 April 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court
Outcome
Appeal allowed
Legal Topics
Recruitment, Eligibility Criteria, Meaning of 'officer', Article 16 of the Constitution
Civil Services Recruitment Eligibility Criteria Meaning of 'officer' Article 16 of the Constitution

Case Brief

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Parties

Mohinder Singh

Appellant

State of Haryana & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Punjab and Haryana High Court

Legal Issues

  1. 1 Whether Inspectors and Sub-Inspectors in the Food and Supplies Department are 'executive officers' eligible for direct recruitment to District Food and Supplies Officer
  2. 2 Interpretation of the term 'Officer' in recruitment rules

Ratio Decidendi

Inspectors and Sub-Inspectors in the Food and Supplies Department are officers within the meaning of recruitment rules, and exclusion of the appellant was unjustified. The appellant was entitled to consideration for recruitment in 1980 as an executive officer.

Court Disposition

Appeal allowed

Orders

  • Order of Single Judge and appellate order vacated
  • State Government and Public Service Commission directed to consider appellant's claim for recruitment on 1980 basis