LexR. R. VERMA AND ORS. versus UNION OF INDIA AND ORS.
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B c 478 R. R. VERMA AND ORS. v. UNION OF INDIA AND ORS. April 11, 1980 [V. R. KRISHNA IYER AND 0. CHINNAPPA REDDY, JJ.J Constitution of India, 1950, Article 133-Writ Petition dismissed as infruc .. tuous-Grant of Certificate of fitness, propriety of. All India Services (Conditions of Service-Residuary nuuters) Rules, 1960, whether offends Article 14 of Constitution, as conferring arbitrary and un .. canalised power upon the Central Government to grant Y![laxation whenever- it pleased to do so. Power to I'..eview its earlier orders by the Central G'overnment when such a power of revielt.' is not expressly conferred by the rules. One Sri Ahluv.1alia a senior_ n1ember of the Indian Police 8ervice sought to quash the decision of the Union of India dated 26·6-1976 whereby his year D of allotment was fixed as 1965. When the Writ Petition of Sri Ahluwalia was pending in the High Court of Himachal Pradesh, some of the respondents in that Writ Petition and one R. R. \ 7erma-all direct recruits, choose to file a \Vrit Petition in the Delhi High Court questioning the notice dated June 29, 1973 calling upon them to subn1it representations against the year of allotmenb proposed to be allotted to M/s. Sahney, Dhaliwal and Ahluwalia. After the \Vrit Petition of Ahluw;ili;i wits allowed, and after the Central Government E passed the. order dated July 27, 1979, pursuant to the direction issued by the High Court of lfimachal Pradesh to .Union of India tG refix the seniority and year of allotment to Sri Ahluwalia, the Delhi High Court dismissed the \'\'rit Petition filed by the direct recruits as infructuous. The High Court, how- ever granted -a certificate of fitness to appeal to this Court under Article 133 of the Constitutiori. F Dismissing the appeal, the Court HELD : 1. The Writ Petition having been dismissed as iafroctuous it is not proper on the part of the High Court to grant a certificate of fitness under Article 133 Df the Constitution. [480G-HJ 2. Rule 3 of the AH. Jndb Services. (Conditions of Service-residuary matters) Rules., 1960 is couched in a language suggestive of near-aut.ocratic G power reminiscent of "bad old days" of the Imperial Raj but, the rule is not ment to vest the Central Government with power to pass any order they like \V.ith a view to promote the interests of a favoured Civil servant. It ls really meant to relax. In appropr~ate cases, the relentless rigour of a mecbanicai application of the rules,. so that civil servants may not be subjected to undue and undeserved hardship. Sufficient guidance· can be had from the very role and from the scheme of the various statutory provisions dealing with the con.- ff · ditions of service of Members of the AU India Service. [481G-H, 482A-B] 3. Rule 3 is not unconstitutional on the ground that it vests an unfettered discretion in the Government. Section 3 of the· All India Services Act enables. ; R. R. VERMA V. UNION 479 the· Central Government in consultation with the Governments of the ~tes: concerned to make rules for the regulation of. recruitment, and the conditions of service of persons appointed to an All Indra' Service. Pursuant to the power given by Section 3 of the All India Services Act the Central Government bas· made innumerable sets of rules, some common to all the All India Services and some applicable separately to each of the All India Services. The All India Services (Leave) Rules, the All India Services (Conduct) Rules, the All India Services (Discipline and Appeal) Rules, the all India Services Cfravelling Allowance) Rules, and the All ladia Services (Conditions of Servite-residuary matters) Rules are examples of rules made under Section 3 of the All India Services ~>\.ct which are common to all the All India Services. The Indian Police: Service (Cadre) Rules, the Indian Police Service (R.ecruitment) Rules~ the Indian Police Service (Probation) Rules, the Indian Police Service (Regu- lation of Seniority) Rules are examples of rules made under section 3 of the All India Services Act applicable to a single All India Service. namely, the Indian Police Service. The rules deal with countless matters ¥.'hich concern a civil servant, such as creation of cadre, fixation of Cadre Strength, recruitment, seniority, promotion, leave, allowances, conduct, discipline and appeal, and a host of such other matters. The golden thread, which runs- through the entire complex fabric or
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