STATE OF ORISSA versus KHAGESWAR DAS AND OTHERS

Rule 3(1)(ii) of the Orissa Industries Service Rules, 1971, by excluding the post of Principal, Mining Engineering School from the junior grade (Class I), is discriminatory, lacking reasonable justification, and violative of Articles 14 and 16. Only the offending words 'except Mining Engineering' need to be struck down; the whole rule need not be invalidated.

Parties: Appellant: State of Orissa; Respondent No. 1: Khageswar Das; Respondent No. 2: Respondent No. 2
Jurisdiction: India
Judgment Date: 12 August 1975
Procedural Posture: Civil Appeal / Decision on Appeal by Special Leave
Outcome: appeal dismissed
Legal Topics: Discrimination in Public Employment, Promotion, Ex Cadre Post, Industrial Service Rules

Constitutional Law Service Law Administrative Law Discrimination in Public Employment Promotion Ex Cadre Post Industrial Service Rules

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 3 Party arguments 2

Parties

State of Orissa

Appellant

Khageswar Das

Respondent No. 1

Respondent No. 2

Procedural Posture

Civil Appeal / Decision on Appeal by Special Leave

Legal Issues

1 Whether Rule 3(1)(ii) of the Orissa Industries Service Rules, 1971 is violative of Article 16 of the Constitution
2 Whether exclusion of Principal, Mining Engineering School from junior grade, Class I, for promotion is justified

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Words 'except Mining Engineering' in Rule 3(1)(ii) of Orissa Industries Service Rules, 1971, to be struck down and deleted
Costs payable to respondent No. 1