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2008 Supreme(SC) 1296

S.B.SINHA, CYRIAC JOSEPH
Chief Executive Officer, N. S. S. O. – Appellant
Versus
Biswa Bhusan Nandi – Respondent


Advocates appeared:
For the Appellant :V. Shekhar, Sr. Adv., Ms. Shalini Kumar, D.S. Mahra and B. Krishna Prasad, Advocates.
For the Respondent:Ranjab Mukherjee and S.C. Goyal, Advocate.

JUDGMENT

S.B. Sinha, J. —

1. Leave granted.

2. Respondent joined the Indian Air Force on 22.2.1978. He rendered more than 15 years’ of service in the said organization having worked till 28.2.1993.

3. The Department of Personnel and Training issued a notification dated 12.2.1986 in terms whereof, those candidates who were matriculate and having put in not less than 15 years’ of service in Armed Forces etc. were to be considered for appointment to any Group - C post to which essential qualification is graduation and where experience in technical or professional nature is not essential.

4. Appellant herein -National Survey Organization is established under the Department of Statistics of the Government of India. The service conditions of its employees are governed by the Rules framed by the President of India in exercise of his power under the proviso appended to Article 309 of the Constitution of India. In terms of the said notification, amendment had been carried out in Ex-Servicemen (Re- employment in Central Civil Services and Posts) Rules, 1979.

In Rule 6 of the said Rules, after sub-rule (3), the following sub-rules were inserted:

“(4) For appointment to any reserved vacancy in Group



























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