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2005 Supreme(SC) 1917

R. C. LAHOTI, ARUN KUMAR, G. P. MATHUR, C. K. THAKKER, P. K. BALASUBRAMANYAN
Secy. , State Of Karnataka – Appellant
Versus
Umadevi – Respondent


Judgement Key Points

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ORDER :

1. There are questions relating to service jurisprudence calling for a more detailed hearing in view of the far reaching implications and ramifications. Some of the issues are as under:

    l. Under the constitutional scheme should not proper selection and appointment be insisted upon and is it proper to recognise employments outside it as valid for the purpose of making them permanent and would it not amount subverting the constitutional scheme? Will it not amount to introducing a mode of appointment not recognised by the said scheme?

    2. What is the distinction between regularisation and confirmation or permanence in service jurisdiction?

    3. Can the Court in exercise of its writ jurisdiction direct regularisation or absorption in service though there are 110 posts or vacancies available for being filled up?

    4. To what extent the appointments made dehors the service rules or in breach of statutory provisions contained in the Act or Rules can be recognised by the Courts and accorded judicial approval?

2. Let these matters be posted for hearing afresh on the above issues and such other related issues as may arise for consideration during the course of hearing.

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