B. S. VADERA versus UNION OF INDIA & ORS.

B. S. VADERA versus UNION OF INDIA & ORS.

The Railway Board's scheme as modified had legal effect retrospectively from December 1, 1954, as permitted by Article 309 and Rule 157. Petitioners' appointments were not on a permanent basis. No discrimination or violation of Articles 14 or 16 was established.

Parties
Petitioner: B. S. Vadera; Petitioner: Petitioner in W.P. No. 165 of 1967; Respondent: Union of India; Respondent: Railway Board; Respondent: Respondents Nos. 3, 6 to 9, 13, 15, 17, 18, 21, 26, 29, 30, 31, 36, 39 to 45, 47, 50, 53 to 55, 58, 61, 64, 66, 69, 76, 77, 81, 82, 87, 91, 94, 96, 97, 103 to 105, 108, 123, 136, 150 (in W.P. No. 96 of 1967)
Jurisdiction
India
Judgment Date
27 March 1968
Procedural Posture
Writ Petition / Final Judgment
Outcome
writ petition dismissed
Legal Topics
Retrospective Rule Making, Service Conditions, Promotion and Reversion, Railway Establishment Rules, Discrimination Under Articles 14 and 16
Constitutional Law Service Law Retrospective Rule Making Service Conditions Promotion and Reversion Railway Establishment Rules Discrimination Under Articles 14 and 16

Case Brief

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Parties

B. S. Vadera

Petitioner

Petitioner in W.P. No. 165 of 1967

Petitioner

Union of India

Respondent

Railway Board

Respondent

Respondents Nos. 3, 6 to 9, 13, 15, 17, 18, 21, 26, 29, 30, 31, 36, 39 to 45, 47, 50, 53 to 55, 58, 61, 64, 66, 69, 76, 77, 81, 82, 87, 91, 94, 96, 97, 103 to 105, 108, 123, 136, 150 (in W.P. No. 96 of 1967)

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether the Railway Board had power to frame service rules with retrospective effect under Article 309 of the Constitution
  2. 2 Whether petitioners had a permanent right to their posts as Upper Division Clerks and Assistants
  3. 3 Whether the orders of reversion and the scheme violated Articles 14 and 16 of the Constitution

Ratio Decidendi

The Railway Board's scheme as modified had legal effect retrospectively from December 1, 1954, as permitted by Article 309 and Rule 157. Petitioners' appointments were not on a permanent basis. No discrimination or violation of Articles 14 or 16 was established.

Court Disposition

writ petition dismissed

Orders

  • Both writ petitions are dismissed; parties to bear their own costs.