KUNJ BEHARILAL AGARWAL versus UNION OF INDIA

KUNJ BEHARILAL AGARWAL versus UNION OF INDIA

Since the Extra Temporary Clerks did not form part of the unified establishment before August 1, 1949, and no common rule for seniority existed, the order of April 20, 1955 was a concession rather than deprivation. There was no violation of Articles 14 or 16(1), and the impugned order improved the petitioner’s...

Source-derived case information.

Parties
Petitioner: Kunj Beharilal Agarwal; Respondent: Union of India
Jurisdiction
India
Judgment Date
11 April 1962
Procedural Posture
Writ Petition Under Article 32 / Final Judgment
Outcome
petition dismissed
Legal Topics
Seniority Fixation, Equal Protection, Employment Discrimination
Constitutional Law Service Law Seniority Fixation Equal Protection Employment Discrimination

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Parties

Kunj Beharilal Agarwal

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Judgment

Legal Issues

  1. 1 Whether the Government order dated April 20, 1955 relating to fixation of seniority of Extra Temporary Establishment Clerks violates the fundamental rights under Articles 14 and 16(1) of the Constitution
  2. 2 Whether there is constitutionally impermissible discrimination between Extra Temporary Clerks and Temporary Clerks in the Defence Establishment

Ratio Decidendi

Since the Extra Temporary Clerks did not form part of the unified establishment before August 1, 1949, and no common rule for seniority existed, the order of April 20, 1955 was a concession rather than deprivation. There was no violation of Articles 14 or 16(1), and the impugned order improved the petitioner’s position compared to the rights possessed at the commencement of the Constitution.

Court Disposition

petition dismissed

Orders

  • petition fails and is dismissed with costs
  • petition for special leave is rejected