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.