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march 1974

Supreme Court of India · 1974-03-14

S. N. KHARKHANIS & ORS. vs UNION OF INDIA & ORS.

Citation / case number
SC 1970/60172
Court
Supreme Court of India
Petitioner
S. N. KHARKHANIS & ORS.
Respondent
UNION OF INDIA & ORS.
Bench
RAY, A.N. (CJ),REDDY, P. JAGANMOHAN,DWIVEDI, S.N.,GOSWAMI, P.K.,SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that the Government of India lacked the authority to alter the effective date of integration of the Central Excise Service Class I and Indian Customs Service Class I as established by the Presidential resolution dated 12th August 1959 under Article 309 of the Constitution. The Court found that the subsequent decision dated 7th April 1970, which aimed to set a new date for seniority, was arbitrary and violative of Article 14, thus invalidating it. The petitioners were entitled to be included in the combined cadre based on their original joining date of 13th July 1959, as the Presidential resolution was clear and categorical in its directives.

S. N. KHARKHANIS & ORS. vs UNION OF INDIA & ORS. · Niyam