Supreme Court · 2023 INSC 350 · Decided 11 April 2023
The Government of Tamil Nadu and ANR. ETC. ETC. v. Tamil Nadu Makkal Nala Paniyalargal and ORS. ETC. Etc
- Court
- Supreme Court of India
- Citation
- 2023 INSC 350 · [2023] 3 S.C.R. 390
- Case number
- CIVIL APPEAL No. 10563/2017
- Decided
- 11 April 2023
- Bench
- AJAY RASTOGI, BELA M. TRIVEDI (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 309
Headnote
Service Law - Direction for creations of posts - Impermissibility of - Held: Courts cannot direct for creations of posts - In the present case, the respondents were not in employment or holding a civil post or appointed against the cadre post in any of the Government establishment where the service conditions are governed/regulated by the statutory rules framed under the proviso to Article 309 - In absence of sanctioned post, the State cannot be compelled to create
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