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march 2008

Supreme Court of India · 2008-03-12

Chairman, Ad-Hoc Committee & Anr vs Lila Pal & Ors

Court
Supreme Court of India
Petitioner
Chairman, Ad-Hoc Committee & Anr
Respondent
Lila Pal & Ors
Bench
H.K. Sema, Markandey Katju

Judgment text excerpt

The Supreme Court held that the creation of posts is within the domain of executive authority and not the judiciary, referencing the precedent in Divisional Manager, Aravali Golf Club & Anr. Vs. Chander Hass & Anr. The Court emphasized that it cannot direct the creation of posts, as this is a prerogative of executive or legislative authorities. Consequently, the orders of the learned single Judge and the Division Bench directing the creation of an additional post were set aside, and the appeal was allowed.

Chairman, Ad-Hoc Committee & Anr vs Lila Pal & Ors · Niyam