ROSHAN LAL TANDON versus UNION OF INDIA

ROSHAN LAL TANDON versus UNION OF INDIA

The notification providing that existing Apprentice Train Examiners be accommodated en bloc in Grade 'C' in 80% vacancies without selection, while require the other class to undergo selection for only 20% of vacancies, discriminates between members of the same cadre who previously had identical service conditions. This violates Articles 14 and 16 of the Constitution. A government servant acquires a status, not a contractual right to unchangeable conditions of service; thus conditions can be altered by statutory rules.

Parties
Petitioner: Roshan Lal Tandon; Respondent: Union of India
Jurisdiction
India
Judgment Date
14 August 1967
Procedural Posture
Writ Petition Under Article 32 / Final Judgment
Outcome
Petition allowed
Legal Topics
Discrimination in Promotion, Civil Servant Status Vs Contract, Articles 14 and 16 of the Constitution, Seniority Cum Suitability Rule, Railway Service Rules
Constitutional Law Service Law Discrimination in Promotion Civil Servant Status Vs Contract Articles 14 and 16 of the Constitution Seniority Cum Suitability Rule Railway Service Rules

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Parties

Roshan Lal Tandon

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether the impugned Railway Board notification providing differential promotion criteria for two classes of Train Examiners is violative of Articles 14 and 16 of the Constitution
  2. 2 Whether a government servant has a contractual right to conditions of service unalterable to his disadvantage

Ratio Decidendi

The notification providing that existing Apprentice Train Examiners be accommodated en bloc in Grade 'C' in 80% vacancies without selection, while require the other class to undergo selection for only 20% of vacancies, discriminates between members of the same cadre who previously had identical service conditions. This violates Articles 14 and 16 of the Constitution. A government servant acquires a status, not a contractual right to unchangeable conditions of service; thus conditions can be altered by statutory rules.

Court Disposition

Petition allowed

Orders

  • A writ in the nature of mandamus is issued commanding the first respondent not to give effect to the impugned part of the notification of the Railway Board dated October 27, 1965, as it grants preferential promotion treatment to apprentice Train Examiners already absorbed in Grade 'D'.
  • No order as to costs.