Back
AJIT KUMAR
Manoj Kumar Rai – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Hon'ble Ajit Kumar, J.- Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Dharmendra Singh, learned counsel for the petitioners and learned Standing Counsel apperaing for the State respondents.
2. Learned counsel for the respective petitioners in the connected matters have adopted the arguments of Sri Ashok Khare, learned Senior Advocate.
3. The petitioners have envoked extraordinary jurisdiction of this Court under Article 226 of the Constitution of India asking for a judicial review of the decision taken by the State Government under its order dated 16.3.2017 to dispense with the services of all those drivers who were appointed in violation of the provisions contained under the U.P. Subordinate Services Selection Commission Act, 2014 and the Government Order dated 18.12.2014.
4. The reason assigned in the order impugned is that all such selections were made wholly illegally for want of authority and, therefore, appointments deserved to be cancelled. The Government Order that has been relied upon in the order passed by the Secretary to the State Government is the one which provided that all the posts falling in Group-C in the pay band of ''Rs.5200-20,200/-'' Gr
Executive orders cannot override statutory provisions, and appointments made outside prescribed authority are rendered void ab initio.
The State's authority to cancel a selection process can be judicially reviewed on the touchstone of reasonableness, and the cancellation must be based on relevant factors and not mala-fide or arbitra....
Post of Senior Clerk/Assistant Treasury Accountant Qualifications - It is settled law that there is no legal right vested in candidates to be selected for appointment - Selected candidates have only ....
Point of Law : Court need not issue a writ merely because there is violation of the natural justice, not because it is not necessary to observe natural justice but because Courts do not issue futile ....
The appointment of an authorized controller under the U.P. Intermediate Education Act must adhere to principles of natural justice, requiring the decision-maker to provide a fair hearing and avoid bi....
The appointments of Grade-IV staff must comply with statutory requirements, and failure to adhere results in illegality, leading to dismissal without entitlements to remuneration.
Point of Law : While enacting the provisions of Section 2 of the Act, 1861 itself delegated the power to the statutory authorities to fix the eligibility including the age etc. and statutory authorit....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
