PUNJAB STATE ELECTRICITY BOARD versus MALKAIT SINGH

PUNJAB STATE ELECTRICITY BOARD versus MALKAIT SINGH

Respondent was not entitled to appointment as inclusion in the select list did not vest any right; post was created after the policy change; denial was pursuant to applicable revised eligibility criteria and compensation had been paid for land; scheme was a concession, not a matter of right.

Parties
Appellant: Punjab State Electricity Board; Respondent: Malkait Singh
Jurisdiction
India
Judgment Date
11 October 2004
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal allowed, High Court judgment set aside, writ petition dismissed.
Legal Topics
Appointment, Rehabilitation Policy, Priority Employment, Policy Change, Vested Rights, Discrimination
Service Law Appointment Rehabilitation Policy Priority Employment Policy Change Vested Rights Discrimination

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Parties

Punjab State Electricity Board

Appellant

Malkait Singh

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the respondent was entitled to appointment after his name was recommended under the original policy.
  2. 2 Whether subsequent policy changes regarding eligibility and creation of new posts affected any vested right to appointment.
  3. 3 Whether denial of appointment constituted discrimination.

Ratio Decidendi

Respondent was not entitled to appointment as inclusion in the select list did not vest any right; post was created after the policy change; denial was pursuant to applicable revised eligibility criteria and compensation had been paid for land; scheme was a concession, not a matter of right.

Court Disposition

Appeal allowed, High Court judgment set aside, writ petition dismissed.

Orders

  • Impugned judgment set aside.
  • Writ petition filed by the respondent dismissed.