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february 1980

Supreme Court of India · 1980-02-26

UNION OF INDIA ETC. vs K. R. TAHILIANI & ANR.

Citation / case number
SC 1978/90264
Court
Supreme Court of India
Petitioner
UNION OF INDIA ETC.
Respondent
K. R. TAHILIANI & ANR.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that Rule 56(j)(i) of the Fundamental Rules does not apply to government servants who are officiating in Class I or Class II posts, as they do not have a right to the post. The Court affirmed the High Court's interpretation that compulsory retirement under this rule is not applicable to officiating employees who have not acquired substantive rights. The appeals by the Union of India against the High Court's decision were dismissed, upholding the security of tenure for officiating government servants.

UNION OF INDIA ETC. vs K. R. TAHILIANI & ANR. · Niyam