Supreme Court of India · 1954-02-11
THE STATE OF BIHAR vs ABDUL MAJID
- Citation / case number
- SC 1952/29
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF BIHAR
- Respondent
- ABDUL MAJID
- Bench
- MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,HASAN, GHULAM
Judgment text excerpt
The Supreme Court held that the rule of English law preventing civil servants from suing the State for recovery of salary does not apply in India, as it is negated by Section 240 of the Government of India Act, 1935, which imposes mandatory restrictions on the exercise of the Crown's pleasure. The Court affirmed that government servants are entitled to seek relief under ordinary law, and such matters are justiciable. The appeal by the State of Bihar against the High Court's decree for arrears of salary was dismissed, upholding the respondent's right to relief.