STATE OF MYSORE versus M. N. KRISHNA MURTHY & ORS.

STATE OF MYSORE versus M. N. KRISHNA MURTHY & ORS.

Retrospective amendments to the 1959 Recruitment Rules by the State Government, which divided integrated accounts service into two classes for promotional purposes, were unconstitutional as they created unjustifiable discrimination in opportunities for promotion within members of the same integrated service,...

Source-derived case information.

Parties
Appellant: State of Mysore; Respondent: M. N. Krishna Murthy; Respondents and Interveners: Respondents 2 & 4-8 and Interveners (M. Choudhajah & 14 others in C.A. No. 193/71); Interveners: Interveners (C. Y. Shastri & 19 others in C.A. No. 193/71)
Jurisdiction
India
Judgment Date
05 October 1972
Procedural Posture
Civil Appeals / Final Supreme Court Disposition
Outcome
appeals dismissed
Legal Topics
Discrimination in Promotion, Government Service Rules, Rule Making Power Under Article 309
Constitutional Law Service Law Discrimination in Promotion Government Service Rules Rule Making Power Under Article 309

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Parties

State of Mysore

Appellant

M. N. Krishna Murthy

Respondent

Respondents 2 & 4-8 and Interveners (M. Choudhajah & 14 others in C.A. No. 193/71)

Respondents and Interveners

Interveners (C. Y. Shastri & 19 others in C.A. No. 193/71)

Interveners

Procedural Posture

Civil Appeals / Final Supreme Court Disposition

Legal Issues

  1. 1 Whether the State Government's retrospective amendments to the 1959 Recruitment Rules violate Articles 14 and 16(1) of the Constitution by creating two classes within the same service for promotion.
  2. 2 Whether the rule-making power under the proviso to Article 309 can be utilised to sustain unconstitutional discrimination in promotional chances.

Ratio Decidendi

Retrospective amendments to the 1959 Recruitment Rules by the State Government, which divided integrated accounts service into two classes for promotional purposes, were unconstitutional as they created unjustifiable discrimination in opportunities for promotion within members of the same integrated service, violating Articles 14 and 16(1) of the Constitution. Rule-making power under Article 309 does not extend to validating such discrimination.

Court Disposition

appeals dismissed

Orders

  • Impugned notifications amending the 1959 Recruitment Rules quashed as unconstitutional.
  • State directed to consider the cases of petitioners for promotion under the 1959 Rules on merit-cum-seniority without exclusion based on source of recruitment.