New Delhi | Dec 9
The Supreme Court has held that the government is not expected to brazenly favour one set of employees so as to defeat the bona fide claim of the other set of employees.
A bench comprising Justices S B Sinha and J M Panchal, in their judgement, dated December 5, have also ruled, ''No executive orders could be issued in derogation of the statutory rules, far less a legislative act. The rules being statutory in nature and having been framed under the Jammu and Kashmir Civil Servants Removal of Doubts and Declaration of Right Ordinance, 1956, have statutory force, the executive order in question was required to be issued in consonance and not in derogation thereof.'' Appellants Sheikh Abdul Rashid and others had questioned the state government orders, dated August 1, 1985, and December 3, 1985, giving retrospective promotion to some private respondents.
The apex court, while setting aside the Jammu and Kashmir High Court judgement, dated July 27, 2005, noted, ''The said orders, dated December 3, 1985, even otherwise appears to be mala fide, having being passed for unauthorised purpose.
''If the said order, dated December 3, 1985, is read with the earlier one, being dated August 1, 1985, the intention of the government to favour the private respondent herein becomes explicit.
It is not expected of a government to brazenly favour one set of employees so as to defeat the bona fide claim of the other set of employees. We, therefore, are of the opinion that the impugned judgment cannot be sustained, which is set aside accordingly.
The appeals are allowed.'' The respondents were given promotions to the rank of police Sub-Inspectors with retrospective effect, adversely affecting the seniority of the appellants.
Both the appellants and respondents have been already being promoted to the rank of DSPs in the Jammu and Kashmir police. |
