Supreme Court · 2019 INSC 1157 · Decided 17 October 2019

The State of Bihar & ORS. v. Devendra Sharma

Court
Supreme Court of India
Citation
2019 INSC 1157 · [2019] 15 S.C.R. 990
Case number
CIVIL APPEAL No. 7879/2019
Decided
17 October 2019
Bench
L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 309

Headnote

Service Law: Appointments - Illegal appointments - Entitlement to salary or consequential rights of pension and other monetary benefits - Held: Rights to salary, pension and other service benefits are entirely statutory in nature in public service - These rights, spring appointment to the post - Once it is found that the very appointment is illegal and is non-est in the eye of law, no statutory entitlement for salary or consequential rights of pension and other monetary benefits can arise - On facts, matter pertaining to appointments against Class

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