Created by Fuzzy Cloud

Fundamental Rules

54 judgments · newest first · showing 1–54

Nilamber Kumar JhaversusThe State of Bihar

DISPOSED

Petitioner Nilamber Kumar Jha filed a writ petition seeking a mandamus directing the State of Bihar to fix his salary in the trained graduate pay scale and to grant him promotion to Headmaster with consequential benefits, relying on Rule 22(A) of the Fundamental Rules. He had earlier filed a …

ARUN KUMAR GUPTAversusSTATE OF JHARKHAND & ANR.

2020 INSC 228Dismissed

Two former judicial officers of Jharkhand challenged orders of compulsory retirement issued by the High Court’s Screening and Standing Committees, alleging that the committees ignored later service records, that promotions should erase earlier adverse entries, and that the retirements were not in …

UNION OF INDIA & ORS.versusDR. O. P. NIJHAWAN & ORS.

2019 INSC 4Dismissed

The case concerned scientists employed in DRDO, DAE and DOS who were granted a special pay of Rs 2,000 (effective from 1 Jan 1996) and Rs 4,000 (effective from 1 Jan 2006). The Union of India challenged the inclusion of this special pay in the definition of "pay" for computing pension under …

RAJENDRA SINGH VERMA (DEAD) THROUGH LRSversusLT. GOVERNOR OF NCT OF DELHI & ANR.

2011 INSC 674Dismissed

The Supreme Court considered three appeals challenging the compulsory retirement of two Delhi Higher Judicial Service officers and one Delhi Judicial Service officer. The appellants argued that their cases could not be reconsidered before reaching the age of 55 after an earlier screening at age 50, …

SYED ABDUL QADIR & ORS.versusSTATE OF BIHAR & ORS.

2008 INSC 1436Case Partly allowed

The case concerned assistant teachers of Bihar's Nationalised Schools whose pay on promotion had been fixed under the now‑defunct Fundamental Rule 22‑C (FR.22‑C). The State of Bihar issued an office order in 2000 directing re‑fixation of pay under the amended provisions FR.22(1)(a)(1) and …

C. JACOBversusDIRECTOR OF GEOLOGY & MINING & ANR.

2008 INSC 1133Dismissed

C. Jacob, a former drill helper who joined service in 1967, was terminated in 1982 for unauthorized absence and private employment. After an 18‑year gap he filed representations in 2000 seeking reinstatement, which were rejected, leading him to file a writ petition for pension benefits. The High …

PUNJAB STATE ELECTRICITY BOARD & ORS.versusGURMAIL SINGH

2008 INSC 514Case Partly allowed

Gurmail Singh, a senior employee of the Punjab State Electricity Board (PSEB), was promoted to Upper Division Clerk (UDC) in 1986 and later opted for UDC as his induction post, thereby losing the revised Lower Division Clerk (LDC) pay scale that his junior colleagues received. He filed a writ …

VIDESH SANCHAR NIGAM LTD. & ANR.versusAJIT KUMAR KAR & ORS.

2008 INSC 435Appeal(s) allowed

The case concerned retired employees of the Overseas Communication Service who were transferred to Videsh Sanchar Nigam Ltd. (VSNL) and had opted to retain Central Government pension benefits. VSNL paid their pensions based on the IDA pay scales but applied Dearness Relief (DR) at Central Government …

UNION OF INDIA AND ANR.versusBASHIRBHAI R. KHILIJI

2007 INSC 600Appeal(s) allowed

The respondent, a constable in the Central Reserve Police Force, was invalidated after contracting pyogenic meningitis and suffering bilateral deafness while on duty. He applied for an invalid pension but was denied on the ground that he had not completed the ten years of qualifying service required …

STATE OF HARYANA AND ANR.versusPARTAP SINGH AND ORS.

2006 INSC 648Appeal(s) allowed

The respondents, originally appointed as Junior Basic Training (JBT) teachers in the Haryana Education Department, acquired B.A. and B.Ed. qualifications during service and were subsequently granted the grade of Social Study Master along with an increment under Rule 4.4 of the Punjab Civil Services …

S. NARAYANAversusMD. AHMEDULLA KHAN AND ORS.

2006 INSC 304

S. Narayana, a senior assistant, was promoted and later appointed temporarily as an Extension Officer in the Andhra Pradesh Panchayati Raj Service. His services were regularised in the Extension Officer post, and his lien on the senior assistant post was terminated on the ground that he was not …

STATE OF ANDHRA PRADESH AND ANR.versusA.P. PENSIONERS ASSOCIATION AND ORS.

2005 INSC 564Appeal(s) allowed

The State of Andhra Pradesh issued a Pay Revision Committee recommendation and Government Order No. 114 (1999) that revised pay scales would be notionally effective from 1 July 1998 with monetary benefits payable from 1 April 1999. Employees who retired between 1 July 1998 and 31 March 1999 claimed …

UNION OF INDIA AND ORS.versusSRI JANARDHAN DEBANATH AND ANR.

2004 INSC 105Appeal(s) allowed

Four employees of the Postal Services Department were transferred from the Agartala Division to the Meghalaya Division on the ground of alleged misbehaviour with a senior lady officer. They challenged the transfer before the Central Administrative Tribunal, which did not interfere, and subsequently …

V. JAGANNADHA RAO AND ORS.versusSTATE OF A.P. AND ORS.

2001 INSC 563Dismissed

The appellants, senior assistants of the Factories and Boilers Department, challenged Special Rules made under the proviso to Article 309 that allowed their transfer to higher posts in the Labour Department. The Andhra Pradesh Administrative Tribunal had declared those Rules void for violating the …

UNION OF INDIA AND ORS.versusM. LEPDON AO AND ORS.

2001 INSC 473Appeal(s) allowed

Five Group B, C and D government employees posted in Nagaland claimed they were entitled to rent‑free furnished accommodation, which was not provided, and therefore sought compensation in lieu of such accommodation (licence fee and House Rent Allowance). The Central Administrative Tribunal allowed …

TEK CHANDversusDILE RAM

2001 INSC 44Appeal(s) allowed

The respondent challenged the election of the appellant, Tek Chand, alleging that the independent candidate Nikka Ram's nomination was improperly accepted because he was allegedly holding an office of profit and was a BJP/RSS activist whose votes allegedly cut into the respondent's tally, thereby …

UNION OF INDIA AND ORS.versusM. ASLAM AND ORS.

2001 INSC 6Disposed off

The employees of defence unit‑run canteens filed applications before the Central Administrative Tribunal (CAT) seeking benefits available to regular defence personnel, arguing that the canteens are part of the Canteen Stores Department (CSD) and thus under the Ministry of Defence. The Union of India …

BISHWANATH PRASAD SINGH ETC.versusSTA TE OF BIHAR AND ORS

2000 INSC 601Dismissed

The petitioners, senior judicial officers in Bihar, challenged a High Court order that denied them the benefit of extending their superannuation age from 58 to 60 years, arguing that the Supreme Court’s directions in the All India Judges' Association cases automatically conferred such a right. The …

COMPTROLLER AND AUDITOR GENERAL OF INDIA AND ORS.versusFARID SATTAR

2000 INSC 204Appeal(s) allowed

Farid Sattar, a Senior Accountant, sought a mutual transfer which was not permissible and was advised to apply for a unilateral transfer that required him to revert to the lower post of Accountant as a direct recruit, forfeiting his senior status. After the transfer his pay was mistakenly fixed at …

M.S. BINDRAversusUNION OF INDIA AND ORS.

1998 INSC 333Case Allowed

M.S. Bindra, a senior Indian Revenue Service officer, was compulsorily retired on the ground that his integrity was doubtful, based on three investigations cited by a Screening Committee. The Committee’s conclusions were challenged before the Central Administrative Tribunal, which dismissed the …

UNION OF INDIAversusM. SURYANARAYANA RAO

1998 INSC 295Case Allowed

The senior employee, M. Suryanarayana Rao, claimed that his pay should be stepped up to match that of his junior who had been given an ad‑hoc promotion on a long‑term basis within a different circle, resulting in the junior drawing a higher salary. The Central Administrative Tribunal allowed the …

UNION OF INDIA AND OTHERSversusASHOKE KUMAR BANERJEE

1998 INSC 238Case Allowed

The respondent, Ashoke Kumar Banerjee, was a Junior Engineer in the CPWD. After completing 15 years of service, he was granted the Assistant Engineer pay scale on a personal basis under an Office Memorandum and his pay was fixed using FR 22(1)(a)(i). Later, when he was functionally promoted to …

UNION OF INDIA AND ORS.versusL.V. VISHWANATHAN ETC.

1997 INSC 724Appeal(s) allowed

The respondents, Audit Officers on deputation, retired after 1 January 1986 but before the Office Memorandum of 14 April 1987 came into force. The Memorandum, issued to implement the Fourth Pay Commission recommendations, retrospectively redefined "emoluments" for pension calculation as basic pay …

THE GOVERNMENT OF ANDHRA PRADESH AND ORS.versusSYED YOUSUDDIN AHMED

1997 INSC 605Appeal(s) allowed

Syed Yousuddin Ahmed, a Deputy Executive Engineer of the Andhra Pradesh Government, claimed that four incentive increments (personal pay) he received should be counted as part of his emoluments for pension calculation. The Andhra Pradesh Administrative Tribunal held that the incentive increments …

THE ACCOUNTANT GENERAL ANDHRA PRADESH AND ANR.versusMOHD. ABDUL RAHMAN KHAN

1997 INSC 116Dismissed

The respondent, Abdul Rahman Khan, was appointed as a Lower Division Clerk in the erstwhile Nizam State on 10 March 1938 and later absorbed into the Central Government on 1 April 1950 as an Upper Division Clerk. The dispute centered on whether he should retire at the age of 58, as prescribed by …

SHIV SAGAR TIW ARIversusUNION OF INDIA AND ORS.

1996 INSC 1533Disposed off

The Supreme Court entertained a public interest writ under Article 32 challenging large‑scale out‑of‑turn allotments of government residential quarters in Delhi, alleged to be made on a ‘Special Compassionate Ground’ and constituting a housing scam. A three‑member Gupta Committee examined the …

GOVT. OF TAMIL NADUversusP.A. MANICKAM ETC.

1996 INSC 326Appeal(s) allowed

The respondents, employees of the Tamil Nadu government, were compulsorily retired after attaining the age of 50 years under Fundamental Rule 56(d). The State Government had issued G.O. No. 761 (1973) directing that cases be sent to a review committee six months before the retirement point. The …

VISAKHAPATNAM DOCK LABOUR BOARD.versusE. ATCHANNA AND ORS.

1996 INSC 159Appeal(s) allowed

The respondents, who had been employed as mazdoors between 1961 and 1969, sought to have their dates of birth corrected in service records after receiving retirement notices in 1995, relying on Panchayat certificates and requesting a medical board assessment. The single judge of the Andhra Pradesh …

A.J. JOSEPHversusUNION OF INDIA AND ORS.

1996 INSC 33Dismissed

A.J. Joseph, a Head Compounder posted in the Andaman & Nicobar Islands, appealed against the Government's refusal to grant him a higher scale of pay under Fundamental Rule 9(25) clause 7(iii). The Central Administrative Tribunal had held that prescribing a higher pay scale was a policy decision …

GOVERNMENT OF ANDHRA PRADESH AND ANR.versusM. PANDURANG AND ORS.

1995 INSC 758Appeal(s) allowed

The Government of Andhra Pradesh appealed against an order of the Andhra Pradesh Administrative Tribunal that had granted parity of pay to senior Junior Analysts who claimed that their juniors were drawing higher scales. The seniors argued that Article 39(A) of the Constitution required equal pay, …

AP. SRIVASTAVA (DEAD) BY LRS.versusUNION OF INDIA AND ORS.

1995 INSC 586Appeal(s) allowed

The appellant, a temporary government servant, had rendered over 20 years of service but was compulsorily retired by the Government under Rule 56(J)(ii) of the Fundamental Rules while a disciplinary appeal was pending. He challenged the retirement order before the Central Administrative Tribunal, …

UNION OF INDIAversusAJOY KUMAR PATNAIK

1995 INSC 550Appeal(s) allowed

The respondent, Ajoy Kumar Patnaik, a Collector of Customs (Appeals), was compulsorily retired under Fundamental Rule 56(j) on the ground of "doubtful integrity" after a screening committee cited his misclassification of tariff items and disposal of appeals contrary to import policy, which allegedly …

STATE OF U.P. AND ANR.versusBIHARI LAL

1994 INSC 354Disposed off

Bihari Lal, an Assistant Commissioner in the Uttar Pradesh Sales Tax Department, was compulsorily retired under Rule 56(j) of the Fundamental Rules on the ground of persistent adverse remarks and being classified as an officer of a bad category. He challenged the order in the Allahabad High Court, …

S. RAMACHANDRA RAJUversusSTATE OF ORISSA

1994 INSC 345

The appellant, a lecturer appointed in 1965, received a solitary adverse confidential report for the academic year 1987‑88, which he claimed was made in mala‑fide by the principal. He sought to have the remarks expunged, was promoted to Reader in 1991, but was compulsorily retired on 28 May 1991 …

UNION OF INDIAversusHARNAM SINGH

1993 INSC 49Leave granted

Harnam Singh, a government servant who joined in 1956, discovered that his date of birth recorded in his service book (20‑May‑1934) differed from that on his matriculation certificate (7‑Apr‑1938). He sought correction in 1991, just months before his scheduled superannuation, but the department …

UNION OF INDIA AND ORS.versusSHRI DULAL DUTI

1993 INSC 47Appeal(s) allowed

Shri Dulal Duti, a senior officer of the Indian Railway Stores Service, was served a compulsory retirement order dated 24 April 1990 after facing major penalty charge‑sheets. He challenged the order before the Central Administrative Tribunal (CAT) under Section 19 of the Administrative Tribunal Act, …

DR. L.P. AGARWALversusUNION OF INDIA AND ORS

1992 INSC 177Appeal(s) allowed

Dr. L.P. Agarwal was appointed Director of AIIMS for a five‑year term or until he turned 62, whichever came first, and was confirmed in the post in February 1980. In November 1980 the Institute‑Body retired him immediately in the public interest, paying three months' salary in lieu of notice. He …

UNION OF INDIA AND ANOTHERversusLT. COL. KOMAL CHARAN AND ORS.

1992 INSC 163Appeal(s) allowed

The respondents, former armed forces personnel, were re‑employed as whole‑time officers in the National Cadet Corps (NCC) and were granted permanent commissions under a Government order dated 23 May 1980, which fixed their retirement age at 55 (extendable to 57). They later sought to remain in …

POSTS AND TELEGRAPH BOARD AND ORS.versusC. S. N. MURTHY

1992 INSC 90Appeal(s) allowed

The respondent, an Assistant Engineer in the Posts and Telegraphs Department, was compulsorily retired under Fundamental Rule 56(j) after a high‑powered committee found adverse confidential reports for the financial years 1970‑71 and 1971‑72, indicating a decline in his work standards. He challenged …

BAIKUNTHA NATH DAS AND ANR.versusCHIEF DISTT. MEDICAL OFFICER, BARIPADA AND ANR.

1992 INSC 51Dismissed

Baikuntha Nath Das, a pharmacist appointed in 1951, was compulsorily retired in 1976 under the first proviso to Rule 71(a) of the Orissa Service Code, which corresponds to Fundamental Rule 56(j). He challenged the order, alleging that adverse remarks in his confidential character rolls were never …

UNION OF INDIA ETC. ETC.versusK.V. JANKIRAMAN ETC. ETC.

1991 INSC 209Disposed off

The Supreme Court examined the “sealed‑cover” procedure used when a government employee’s promotion is pending but disciplinary or criminal proceedings are underway. It held that the procedure can be invoked only after a charge‑memo or charge‑sheet has been served, and that preliminary …

RAM EKBAL SHARMAversusSTAIB OF BIHAR & ANR.

1990 INSC 156Appeal(s) allowed

R.E. Sharma, a senior Bihar government officer with a 30‑year exemplary record, was compulsorily retired under Rule 74(b)(ii) of the Bihar Service Code on the ground of public interest after turning 50. Sharma contended that the retirement was a punitive measure based on alleged financial …

STATE OF M.P.versusGANEKAR MOTGHARE

1989 INSC 358Appeal(s) allowed

The respondent, a Deputy Director in the Madhya Pradesh Department of Geology and Mining, was compulsorily retired under Rule 56 of the Fundamental Rules after a Screening Committee, which included the Head of Department S.S. Dave, recommended his retirement. The respondent challenged the order by …

UNION OF INDIA & ORS.versusSHAIK ALI

1989 INSC 310Dismissed

Shaik Ali, a Class III railway employee, was suspended after a confrontation with a Divisional Safety Officer and subsequently ordered to retire prematurely under Rule 2046(h)(ii) of the Indian Railway Establishment Code, despite not having reached the required age of 55. The Central Administrative …

SENIOR SUPDT. OF POST OFFICE & ORS.versusIZHAR HUSSAIN

1989 INSC 237Dismissed

Izhar Hussain, a clerk in the Posts and Telegraph Department, was retired under Rule 2(2) of the Liberalised Pension Rules, 1950, which permits the Government to retire a servant at any time after completing 30 years of qualifying service. He challenged the retirement before the Allahabad High …

A.L. AHUJAversusUNION OF INDIA

1987 INSC 183Case Allowed

A.L. Ahuj a, an engineer in the Central Public Works Department, was compulsorily retired under Rule 56(j)(i) of the Fundamental Rules while holding an officiating Class II post. He challenged the retirement, arguing that the earlier Supreme Court decision in Union of India v. K.R. Tahiliani held …

B. PRABHAKAR RAD & ORS. ETC.versusSTATE OF ANDHRA PRADESH & ORS. ETC .ETC.

1985 INSC 178Dismissed

The Andhra Pradesh government reduced the superannuation age for its employees from 58 to 55 years in 1983 and later attempted to reverse the decision by raising it back to 58 years through Ordinance No.24 of 1984 and Act No.3 of 1985. A large number of employees who had been forced to retire under …

J. D. SHRIVASTAVAversusSTATE OF M. P. & OTHERS

1984 INSC 18Appeal(s) allowed

The appellant, a senior judicial officer, was compulsorily retired at age 55 under Fundamental Rule 56(3)(a) after a High Court Full Court meeting decided to screen officers for promotion. The High Court recommended his retirement and denied promotion, relying on some adverse confidential entries …

CHIEF SECRETARY TO GOVERNMENT OF ANDHRA PRADESH & ANR.versusV. J. CORNELIUS ETC.

1981 INSC 40Dismissed

The Andhra Pradesh Government issued the Revised Scales of Pay Rules, 1969 and later an executive order fixing the pay of employees placed in the Selection Grade so that it would not exceed the pay of their seniors in higher posts. The High Court struck down this order as violative of Articles 14, …

STATE OF TAMIL NADU & ORS.versusM. N. SUNDARAJAN

1980 INSC 156Appeal(s) allowed

M.N. Sundarajan, a Section Officer in the Tamil Nadu Secretariat, was compulsorily retired on 2 March 1976 under Fundamental Rule 56(d). He challenged the retirement in the Madras High Court, arguing that the Review Committee which considered his case was improperly constituted, as the Government …

BALDEV RAJ CHADHAversusUNION OF INDIA & ORS.

1980 INSC 153Appeal(s) allowed

Baldev Raj, an Accounts Officer appointed by the Comptroller and Auditor General, was compulsorily retired on 27 August 1975 under F.R. 56(j)(i) by the Accountant General in the name of public interest. He challenged the retirement, arguing that the Accountant General was not the "appropriate …

UNION OF INDIA ETC.versusK. R. TAHILIANI & ANR.

1980 INSC 34Dismissed

Two government servants, including K.R. Tahiliani, were compulsorily retired under Rule 56(j)(i) of the Fundamental Rules after turning 50 while serving in an officiating capacity in Class I or Class II posts. They challenged the retirements through petitions under Article 226, and the Union …

DHARAM DEV MEHTAversusTHE UNION OF INDIA & OTHERS

1979 INSC 273Appeal(s) allowed

The appellant, D.D. Mehta, a government servant appointed by the Comptroller & Auditor General, was compulsorily retired under Rule 56(j) of the Fundamental Rules by an order issued by the Director of Commercial Audit. The issue before the Supreme Court was whether the Director of Commercial Audit …

D. D. SURIversusUNION OF INDIA AND ANR.

1979 INSC 120Dismissed

D.D. Suri, an emergency recruit from the open market, was appointed to the Indian Administrative Service (IAS) in 1950 and was assigned a year of allotment of 1944 by the Government of India, affecting his seniority. He sought a higher year of allotment (1942), additional pay for holding two posts …