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april 1992

Supreme Court of India · 1992-04-28

STATE OF GUJARAT vs P.J.KUMPAVAT

Citation / case number
SC 1992/86142
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT
Respondent
P.J.KUMPAVAT
Author
B.P. JEEVAN REDDY
Bench
B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court held that the appointments of the respondents were purely contractual and outside the purview of the Bombay Civil Service Rules, 1959. The Court clarified that their service ended with the tenure of the recommending ministers, and no formal termination or notice was required. It was established that the terms of their appointment were inconsistent with the rules, thus affirming the State's power to make such contractual appointments under Article 310. The appeal by the State of Gujarat was allowed, overturning the Gujarat High Court's decision.

STATE OF GUJARAT vs P.J.KUMPAVAT · Niyam