Supreme Court · 2007 INSC 542 · Decided 9 May 2007
Mahadeo Bhau Khilare (Mane) and ORS. v. State of Maharashtra and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 542 · [2007] 6 S.C.R. 244
- Case number
- CIVIL APPEAL No. 191/2007
- Decided
- 9 May 2007
- Bench
- S.B. SINHA, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 162
Headnote
Service Law: Absorption-Unpaid assistants enagaged by Talathi in State of C Maharashtra-Claim for absorption on regular posts-Held: the candidates were enagagaed by employees themselves to help them and not by any authority having reuquisite jurisdiction therefor-Since they were not in service of part of a servant of State on his own, having no authority in D that behalf, would be wholly illegal and without jurisdiction-Any scheme by way of any executive instruction in terms of Article 162 of the Constitution, if violative of statutory rules would not be legally sustainable----Constitution
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