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1980 Supreme(SC) 360

V.R.KRISHNA IYER, R.S.PATHAK
Baleshwar Dass: Arhant Prasad Jain – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.M.Tripathi, AMI GUPTA, ANIL GUPTA, Ashok K.Srivastava, Brij Bhusan Kishore, BRIJ BHUSHAN SHARMA, D.K.GARG, D.V.PATEL, G.M.Dikshit, K.K.SINGHVI, M.C.BHANDARE, M.P.Mahendra, N.P.MAHENDRA, O.P.RANA, R.K.GARG, RANI CHHABRA, S.Markandaya, S.S.Khanduja, SHANTI BHUSHAN, SUNIL JAIN, Udaipratap Singh, V.J.Francis, Virendra Singh, YOGESHAR PRASAD

Judgment

KRISHNA IYER, J.:- This case illustrates the thesis that unlimited jurisdiction under Article 136 self-defeatingly attracts unlimited litigation which, in turn, clogs up and slows down to zero-speed the flow of ultimate decisions, what with the lengthy orality and legal nicety of lawyers advocacy. This bunch of appeals, affecting the fortunes of a large number of engineers, is evidence of the flood of service litigation which the courts, paralyses public offices and demands of our pyramidal Justice System basic changes, jurisdictional and processual. The perennial problems of Service Justice, which currently crowd the dockets of the higher courts, save in cases of basic breaches of the fundamental law, may well be made over to expert bodies, high powered and final but presided over by top judicial personnel. Service Jurisprudence is a specialised branch best administered by special tribunals, not routinely under Article 226. We do not pontificate but share thoughts.

2. We are concerned mainly with the competitive claims to seniority mainly as between three groups of engineers belonging to the U. P. Service of Engineers (Irrigation Branch) - graduate engineers directly recrui

























































































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