OM PRAKASH SHUKLA versus AKHILESH KUMAR SHUKLA & ORS.

The 1950 Rules were not wholly superseded by the 1969 Amending Rules because rule 11, relating to the authority and method for holding competitive examinations, was not re-enacted. Therefore, the process of recruitment continued to be governed by the 1950 Rules in 1981.

Parties: Appellant: O.P. Shukla; Respondents: Akhilesh Kumar & Ors
Jurisdiction: India
Judgment Date: 18 March 1986
Procedural Posture: Civil Appeal / Appeal by Special Leave From Allahabad High Court
Outcome: appeal allowed, High Court judgment set aside, writ petition dismissed
Legal Topics: Recruitment Rules for Ministerial Staff, Doctrine of Implied Repeal, Interpretation of Recruitment Statutes

Administrative Law Public Employment Statutory Interpretation Recruitment Rules for Ministerial Staff Doctrine of Implied Repeal Interpretation of Recruitment Statutes

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 5 Party arguments 2

Parties

O.P. Shukla

Appellant

Akhilesh Kumar & Ors

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court

Legal Issues

1 Whether the 1950 Rules or the 1947 Rules as amended by the 1969 Rules governed recruitment to ministerial staff in subordinate civil courts of U.P.
2 Application of the doctrine of implied repeal in statutory interpretation of recruitment rules

Ratio Decidendi

Court Disposition

appeal allowed, High Court judgment set aside, writ petition dismissed

Orders

Appellant and all successful candidates at the 1981 Kanpur examination to be appointed in accordance with the rules
Increment and seniority to be accorded as if appointment was not delayed; no salary or allowances for period not actually worked