O.CHHINNAPPA REDDY, PREM CHAND JAIN, M.R.SHARMA
Y. K. Bhatia – Appellant
Versus
State Of Haryana – Respondent
O.CHINNAPPA REDDY, J.
1. These three Writ Petitions (C. W. P. Nos. 127, 29 and 2236 of 1976) raise a common question, whether the termination of the services of a Government employee temporarily appointed to a post or the reversion of an employee temporarily promoted to a higher post offends Art. 16(1) of the Constitution, if his juniors, also appointed temporarily, are continued in service, or if his juniors, also promoted temporarily, are continued in higher posts. Shri Jawahar Lal Gupta, learned counsel, argued that the Fundamental Right guaranteed by Art. 16(1) of the Constitution was available not only at the stage of initial recruitment but at all subsequent stages incidental to employment such as promotion, reversion, termination of service etc. He urged that the rule of last come, first go was essentially a rule of fair play which was required by law to be observed as much in Government employment as in Industrial employment. If without adequate explanation the rule was departed from and a senior temporary employee s services were terminated while retaining his juniors, there was a violation of the Fundamental Right of equality of opportunity guaranteed by Article 1
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