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1989 Supreme(SC) 484

M.M.DUTT, S.R.PANDIAN
Union Of India: Jagjit Lamba: T. Madiyal: Union Of India: Union Of India – Appellant
Versus
S. Krishna Murthy: Union Of India: Union Of India: Subimal Roy: G. K. Shenava – Respondent


Advocates:
A.Subhashini, Altaf Ahmed, ANIL DEV SINGH, C.S.VAIDYANATHAN, C.V.SUBBA RAO, G.RAMASVAMY, N.B.BHAT, R.RAMACHANDRAN, S.K.BHATTACHARJEE, S.R.Bhatt, S.R.Setia, T.C.SHARMA, U.R.Lalit, V.D.KHANNA

JUDGMENT

M.M.DUTT, J.

(1) HESE special leave petitions have been heard at length and elaborate submissions have been made on behalf of the parties at the prelimmary hearing and, accordingly, we grant special leave in all these matters and proceed to dispose of the same on merits.

(2) THESE appeals have been preferred by the Union of India and some erstwhile Emergency Commissioned Officers (for short ECOs) and .Short Service Commissioned Officers (for short SSCOs) and directed either against the judgment of the learned Single Judge of the Calcutta High court or against the judgment of the central Administrative tribunal, Bangalore. The tribunal has struck down the impugned rules, namely. Rule 3(2(d) of the Indian Forest Service (Regulation of Seniority) Rules, 1968, hereinafter referred to asINDIAN FOREIGN SERVICE (Regulation of Seniority) Rules, 1968, and clauses (c) and (d) of sub-rule (3 of Rule 3 of the Indian Police Service (Regulation of Seniority) Rules, 1954, hereinafter referred to asINDIAN FOREIGN SERVICE (Regulation of Seniority) Rules, 1954, as ultra vires Articles 14 and 16 of the Constitution of India and has directed the government of India
















































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