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november 1996

Supreme Court of India · 1996-11-26

U.D. LAMA vs STATE OF SIKKIM

Citation / case number
SC 1995/15306
Court
Supreme Court of India
Petitioner
U.D. LAMA
Respondent
STATE OF SIKKIM
Author
,SUHAS C. SEN,K.S. PARIPOORNAN
Bench
CJI,SUHAS C. SEN,K.S. PARIPOORNAN

Judgment text excerpt

The Supreme Court examined the Sikkim State Civil Service Rules, 1977, particularly Rule 4, which outlines the recruitment methods for the Service, emphasizing that recruitment must occur through the Sikkim Public Service Commission. The Court held that the absence of a functioning Public Service Commission from 1st July 1977 to 11th January 1982 invalidated any recruitment made outside the prescribed methods. Consequently, the appointments made during this period were deemed unconstitutional, reinforcing the principle that statutory recruitment processes must be strictly adhered to as per Article 309 of the Constitution of India.

U.D. LAMA vs STATE OF SIKKIM · Niyam