UNION OF INDIA & ORS. ETC. ETC. versus DR. S. KRISHNA MURTHY & ORS. ETC. ETC.

UNION OF INDIA & ORS. ETC. ETC. versus DR. S. KRISHNA MURTHY & ORS. ETC. ETC.

ECOs and SSCOs constitute a distinct and reasonable class, entitled to retrospective seniority and reservation, as their past emergency service justifies compensatory benefit. The impugned rules are valid, do not offend Articles 14 and 16, and retrospective effect is permissible due to legislative validation.

Parties
Appellant: Union of India; Respondent: Dr. S. Krishna Murthy; Appellants: Other ECOs and SSCOs; Respondents: Other Respondents recruited to Indian Forest Service / Indian Police Service
Jurisdiction
India
Judgment Date
26 September 1989
Procedural Posture
Civil Appeal / Appeal Against Judgments of Calcutta High Court and Central Administrative Tribunal
Outcome
Appeals allowed
Legal Topics
Seniority, Reservation, Retrospective Rulemaking, Equality Before Law, Discrimination, Emergency Commissioned Officers, Short Service Commissioned Officers
Administrative Law Service Law Constitutional Law Seniority Reservation Retrospective Rulemaking Equality Before Law Discrimination +2 more

Case Brief

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Parties

Union of India

Appellant

Dr. S. Krishna Murthy

Respondent

Other ECOs and SSCOs

Appellants

Other Respondents recruited to Indian Forest Service / Indian Police Service

Respondents

Procedural Posture

Civil Appeal / Appeal Against Judgments of Calcutta High Court and Central Administrative Tribunal

Legal Issues

  1. 1 Whether rule 3(2)(d) of Indian Forest Service (Regulation of Seniority) Rules, 1968 and clauses (c) and (d) of sub-rule (3) of rule 3 of Indian Police Service (Regulation of Seniority) Rules, 1954 are ultra vires Articles 14 and 16 of the Constitution
  2. 2 Whether reserving vacancies and fixing year of allotment for ECOs and SSCOs is legal and valid
  3. 3 Whether retrospective effect and seniority given to ECOs/SSCOs is justified

Ratio Decidendi

ECOs and SSCOs constitute a distinct and reasonable class, entitled to retrospective seniority and reservation, as their past emergency service justifies compensatory benefit. The impugned rules are valid, do not offend Articles 14 and 16, and retrospective effect is permissible due to legislative validation.

Court Disposition

Appeals allowed

Orders

  • Impugned judgments of High Court and Tribunal set aside
  • No order as to costs in any of these appeals