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2016 Supreme(All) 656

A.P.SAHI, ATTAU RAHMAN MASOODI
MANOJ KUMAR RAWAT – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Counsel :
Amrendra Nath Tripathi, Abhinav Nath Tripathi and Chandrakant Rai for the Petitioner; A.S.G. and Alok Mathur for the Respondents.

JUDGMENT

Hon’ble Attau Rahman Masoodi, J.—This writ petition filed under Article 226 of the Constitution of India, questions the legality of the order dated 20.10.2015 (Annexure-1), passed in purported exercise of powers conferred under Clause 3.4 of New Model Employee Service Rules, 2015 whereby the services of the petitioner on the post of Data Entry Operator (Clerk) have been dispensed with. The petitioner has further assailed the validity of Clause 3.4 read with Note-2 appended to Appendix-A of the New Model Service circulated under the authority of a Management i.e. Adjutant General vide letter dated 13.7.2015 as contained in Annexure-28 to the writ petition, which restricts tenure of civil and other rank employees to a maximum period of ten years. The rule framed by the Society is challenged alleging it to be violative of Article 14 of the Constitution of India.

2. An alternative relief for treating the rules to be applicable prospectively has also been made in the writ petition and the petitioner, inter alia, seeks his continuance in service on the basis of his renewal vide order dated 20.10.2015, according to which the contract of service in relation to the petitioner was re

































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