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.