S. NAGARAJ AND ORS. versus STATE OF KARNATAKA AND ANR.

S. NAGARAJ AND ORS. versus STATE OF KARNATAKA AND ANR.

The Supreme Court recalled its prior order absorbing stipendiary graduates as First Division Assistants, holding that all such graduates should be appointed only as Second Division Assistants in Grade 'C', as eligibility does not confer entitlement to a specific post; the Government's failure to bring correct facts led to orders based on misrepresentation, necessitating review and correction to avoid injustice and ensure compliance only with the original 1982 rules, not the 1987 amendments.

Parties
Petitioner: S. Nagaraj and Ors.; Respondent: State of Karnataka and Anr.
Jurisdiction
India
Judgment Date
26 August 1993
Procedural Posture
Slp, Writ Petitions, Contempt Applications / Final Judgment and Order
Outcome
Application for recalling order allowed; SLPs, writ petitions, and contempt applications disposed of.
Legal Topics
Service Law Regularisation, Service Law Equal Pay for Equal Work, Review and Recall of Supreme Court Orders, Contempt of Court Binding Effect of Supreme Court Orders, Karnataka Civil (special Recruitment) Rules 1982 and 1987, Reservation of Posts for Stipendiary Graduates, Interaction of Articles 14, 16, And 137
Service Law Constitutional Law Administrative Law Service Law Regularisation Service Law Equal Pay for Equal Work Review and Recall of Supreme Court Orders Contempt of Court Binding Effect of Supreme Court Orders Karnataka Civil (special Recruitment) Rules 1982 and 1987 +2 more

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Parties

S. Nagaraj and Ors.

Petitioner

State of Karnataka and Anr.

Respondent

Procedural Posture

Slp, Writ Petitions, Contempt Applications / Final Judgment and Order

Legal Issues

  1. 1 Binding effect and enforcement of Supreme Court orders
  2. 2 Power of Supreme Court to review and recall its own orders
  3. 3 Eligibility and regularisation under Karnataka Civil (Special Recruitment) Rules, 1982 and 1987

Ratio Decidendi

The Supreme Court recalled its prior order absorbing stipendiary graduates as First Division Assistants, holding that all such graduates should be appointed only as Second Division Assistants in Grade 'C', as eligibility does not confer entitlement to a specific post; the Government's failure to bring correct facts led to orders based on misrepresentation, necessitating review and correction to avoid injustice and ensure compliance only with the original 1982 rules, not the 1987 amendments.

Court Disposition

Application for recalling order allowed; SLPs, writ petitions, and contempt applications disposed of.

Orders

  • Order dated 30th October 1991 for absorption in pay scale of Rs. 1190-2200 recalled.
  • All stipendiary graduates covered by order dated 24 July 1990 to be appointed as Second Division Assistants in Grade 'C' only.