R S MAKASHI Vs. I M MENON
LAWS(SC)-1981-12-17
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on December 08,1981

R.S.MAKASHI Appellant
VERSUS
I.M.MENON Respondents





Cited Judgements :-

K R MUDGAL VS. R P SINGH [LAWS(SC)-1986-9-69] [RELIED ON]
PANCHRAJ TIWARI VS. M.P. STATE ELECTRICITY BOARD [LAWS(SC)-2014-3-7] [REFERRED TO]
S SIVAGURU VS. STATE OF TAMIL NADU [LAWS(SC)-2013-5-83] [REFERRED TO]
BIRENDER SINGH VS. STATE OF HARYANA [LAWS(P&H)-2001-7-214] [REFERRED]
G GOPALA VS. STATE OF KARNATAKA [LAWS(KAR)-1990-11-1] [REFERRED TO]
SOFIUL ALOM VS. STATE OF ASSAM [LAWS(GAU)-2024-6-13] [REFERRED TO]
RAJEEV BHARDWAJ VS. STATE OF H P [LAWS(HPH)-2021-3-64] [REFERRED TO]
A LAKSHMIPATHI RAO VS. B R RAMABHADRAIAH [LAWS(APH)-1982-3-25] [REFERRED TO]
SUSHMA SHARMA VS. STATE [LAWS(J&K)-2020-2-37] [REFERRED TO]
NINGOYOMI BREEZE DOYE VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2002-11-16] [REFERRED TO]
DEBAJIT DAS AND ORS. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-4-25] [REFERRED TO]
RAJESH KUMAR SINGH VS. RAJEEV NAIN UPADHYAY [LAWS(ALL)-2019-12-13] [REFERRED TO]
BAIDYANATH MOHANTY VS. STATE OF ORISSA AND OTHERS [LAWS(ORI)-1985-3-43] [REFERRED TO]
SHIBA SHANKAR MOHAPATRA AND ORS. VS. STATE OF ORISSA AND ORS. [LAWS(SC)-2009-11-102] [REFERRED TO]
DIRECTOR CENTRAL BUREAU OF INVESTIGATION VS. D P SINGH [LAWS(SC)-2009-12-26] [DISTINGUISHED]
G C GUPTA VS. N K PANDEY [LAWS(SC)-1987-12-35] [RELIED ON]
LEELA CHOPRA VS. SURINDER PAL SINGH [LAWS(DLH)-1988-11-18] [REFERRED]
UNION OF INDIA VS. SUSHANTA KR. BHATTACHARJEE [LAWS(GAU)-2005-9-84] [REFERRED TO]
CHUNNI LAL SHARMA VS. INDIRA GANDHI NATIONAL OPEN UNIVERSITY [LAWS(HPH)-2003-7-39] [REFERRED TO]
SADOU ASOM MADHYAMIC SNATAK BHASHA SHIKHAK SANTHA VS. STATE OF ASSAM [LAWS(GAU)-2004-12-35] [REFERRED TO]
AHEIBAM ROMEL SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2021-12-1] [REFERRED TO]
ASHOK KUMAR VS. JAMIA MILLIA ISLAMIA [LAWS(DLH)-2021-11-136] [REFERRED TO]
KAUSHAL KISHOR SHARMA AND OTHERS VS. STATE OF RAJASTHAN AND OTHERS [LAWS(RAJ)-2018-10-16] [REFERRED TO]
GOBIND RAM SHARMA VS. STATE OF HARYANA [LAWS(P&H)-1993-9-33] [REFERRED TO]
G P PURUSHOTHAMAN VS. C O ARUMUGAM [LAWS(MAD)-1988-9-44] [REFERRED TO]
RAJEEV BHARDWAJ AND ORS. VS. STATE OF H.P AND ORS. [LAWS(HPH)-2020-3-104] [REFERRED TO]
AQEELA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-1-6] [REFERRED TO]
SHRI SANGLAKPAM NANDABABU SHARMA VS. THE STATE OF MANIPUR [LAWS(MANIP)-2016-10-8] [REFERRED TO]
PAN SINGH BANGARI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-175] [REFERRED TO]
KANAKESWAR GOSWAMI VS. BRAHMAPUTRA BOARD [LAWS(GAU)-1996-7-33] [REFERRED TO]
SHRI BENU GOHAIN VS. NORTH EASTERN ELECTRIC POWER CORPORATION LTD AND 14 OTHERS [LAWS(GAU)-1988-4-18] [REFERRED TO]
N C K REDDY VS. GOVERNMENT OF ANDHRA PRADESH MEDICAL HEALTH AND FAMILY WELFARE DEPT [LAWS(APH)-2003-4-68] [REFERRED TO]
DHARAMPAL SATYAPAL LIMITED VS. UNION OF INDIA [LAWS(GAU)-2010-12-18] [REFERRED TO]
NON GAZETTED POSTAL AUDIT ASSOCIATION, NAGPUR THROUGH ITS SECRETARY SHRI D.V. DHAKTOD AND OTHERS VS. COMPTROLLER AND AUDITOR GENERAL OF INDIA AND ORS. [LAWS(BOM)-1984-12-38] [REFERRED TO]
SANJAY D. DHUMASKAR VS. STATE OF GOA [LAWS(BOM)-2022-3-146] [REFERRED TO]
UOI VS. SUMAN PUSHKARNA AND ORS. [LAWS(DLH)-2016-4-105] [REFERRED TO]
RAJ BAHADUR SINGH VS. STATE OF U.P. [LAWS(ALL)-2014-1-21] [REFERRED TO]
VIDYA KANT TIWARI VS. STATE OF U P [LAWS(ALL)-2011-5-183] [REFERRED TO]
SARWAN RAM VS. STATE OF H.P. [LAWS(HPH)-2017-6-4] [REFERRED TO]
SHEELAWATI VS. MANGING DIRECTOR FOOD CORPORATION OF INDIA NEW DELHI [LAWS(ALL)-1996-7-33] [REFERRED TO]
AHMEDABAD ELECTRICITY COMPANY LIMITED VS. MUNICIPAL CORPORATION OF THE CITY OF AHMEDABAD [LAWS(GJH)-2002-8-2] [REFERRED]
Vijay Kumar Mishra VS. Sanjay Rusia [LAWS(MPH)-2003-7-117] [REFERRED TO]
DASARATH PRASAD SINGH VS. STATE OF BIHAR [LAWS(PAT)-1996-12-7] [REFERRED TO]
SURESH KUMAR S VS. SWAPNA S ASSISTANT ENGINEER, KERALA STATE ELECTRIC [LAWS(KER)-2018-5-55] [REFERRED TO]
INDU SHEKHAR SINGH VS. STATE OF U. P [LAWS(SC)-2006-5-118] [REFERRED TO]
CHANDRAMOHAN PANDURANG KAJBAJE VS. STATE OF MAHARASHTRA [LAWS(SC)-2008-1-38] [REFERRED TO]
P MOHAN REDDY VS. E A A CHARLES [LAWS(SC)-2001-2-1] [REFERRED]
K ANJAIAH VS. K CHANDRAIAH [LAWS(SC)-1998-3-14] [RELIED ON]
DEVDUTTA DEVDUTTA VS. STATE OF MADHYA PRADESH:THE CHIEF SECRETARY TO THE GOVERNMENT OF M P [LAWS(SC)-1990-10-45] [REFERRED TO]
DASARATH PRASAD SINGH VS. STATE OF BIHAR [LAWS(PAT)-1996-12-4] [REFERRED TO]
NAJAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2021-12-116] [REFERRED TO]
STATE OF ORISSA VS. ALL ORISSA LOWER SECONDARY TEACHERS ASSOCIATION [LAWS(ORI)-2011-12-49] [REFERRED TO]
M KARUNANIDHI VS. CHIEF SECRETARY TO GOVERNMENT GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2019-3-88] [REFERRED TO]
BENEDICT KHARMALKI VS. STATE OF MEGHALAYA [LAWS(GAU)-2000-5-13] [REFERRED TO]
MEGHANA DILIP TALEKAR VS. MAHARASHTRA LEGISLATURE SECRETARIAT [LAWS(BOM)-2019-7-62] [REFERRED TO]
A N MEMAN VS. HIGH COURT OF GUJARAT [LAWS(GJH)-1987-9-25] [REFERRED TO]
VINCENTS HOME AND OTHERS VS. MRS. HASI SEN AND OTHERS [LAWS(CAL)-2018-9-192] [REFERRED TO]
D.K. GARG VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-1-15] [REFERRED TO]
KU NILOFAR INSAF VS. STATE OF MADHYA PRADESH [LAWS(SC)-1991-8-33] [RELIED ON]
K MADHAVAN DWARKA NATH VS. UNION OF INDIA [LAWS(SC)-1987-10-23] [RELIED ON]
KERALA MAGISTRATE (JUDICIAL) ASSOCIATION VS. STATE OF KERALA [LAWS(KER)-1997-8-53] [REFERRED TO]
ABDUL REHMAN VS. UNION OF INDIA [LAWS(MPH)-2006-11-109] [REFERRED TO]
PARESH CHANDRA DEKA VS. STATE OF ASSAM [LAWS(GAU)-2017-9-15] [REFERRED TO]
RANI KOUR VS. STATE [LAWS(J&K)-2010-10-11] [REFERRED TO]
HARJEET SINGH VS. UNION OF INDIA [LAWS(J&K)-2016-3-41] [REFERRED]
UNION OF INDIA VS. SUKH RAM SINGH ALIAS S R SINGH [LAWS(CAL)-1993-7-20] [REFERRED TO]
CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY AND ANOTHER VS. UJJAL KUMAR GHOSH AND OTHERS [LAWS(CAL)-1982-6-49] [REFERRED TO]
ANURAG VS. STATE OF BIHAR AND OTHERS [LAWS(PAT)-2018-7-358] [REFERRED TO]
WING COMMANDER J KUMAR VS. UNION OF INDIA [LAWS(SC)-1982-3-2] [RELIED ON]
STATE OF SIKKIM VS. ADUP TSHERING BHUTIA [LAWS(SC)-2014-2-33] [REFERRED TO]
S. SIVAGURU VS. S. SIVAGURU [LAWS(SC)-2013-5-23] [REFERRED TO]
SHIBA SHANKAR MOHAPATRA VS. STATE OF ORISSA [LAWS(SC)-2009-11-26] [REFERRED TO]
PERVESH KUMARI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2024-5-15] [REFERRED TO]
BHOM SINGH VS. UNION OF INDIA [LAWS(RAJ)-1999-2-45] [REFERRED TO]
AJAY KUMAR SHUKLA VS. ARVIND RAI [LAWS(SC)-2021-12-21] [REFERRED TO]
V. VINCENT VELANKANNI VS. UNION OF INDIA [LAWS(SC)-2024-9-78] [REFERRED TO]
KARNATAK STATE POLLUTION CONTROL BOARD VS. KARNATAKA STATE POLLUTION [LAWS(KAR)-2003-6-95] [REFERRED TO]
KERALA PANCHAYAT EXECUTIVE OFFICERS ASSOCIATION VS. STATE OF KERALA [LAWS(KER)-1994-11-77] [REFERRED TO]
RAKESH KUMAR PANDEY VS. STATE OF U P [LAWS(ALL)-2004-12-208] [REFERRED TO]
VENHNUAITHANGA VS. STATE OF MIZORAM [LAWS(GAU)-1999-10-2] [REFERRED TO]
HIMMER ETE VS. STATE OF ARUNACHAL PRADESH AND ANOTHER [LAWS(GAU)-2009-7-57] [REFERRED TO]
UNION OF INDIA VS. SUSHANTA KUMAR BHATTACHARJEE [LAWS(GAU)-2005-1-19] [REFERRED TO]
A. LAKSHIMIPATHI RAO VS. B.R. RAMABHADRAIAH AND OTHER [LAWS(APH)-1983-3-48] [REFERRED TO]
RAIS AHMAD KHAN VS. HONBLE THE CHIEF JUSTICE HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-1996-8-27] [REFERRED TO]
SHATRUGHNA TRIPATHI VS. HONBLE THE CHIEF JUSTICE OF HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-2001-2-25] [REFERRED TO]
KUMAR KAMALESH NARYAN VS. STATE OF WEST BENGAL & ORS. [LAWS(CAL)-1990-8-58] [REFERRED TO]
INDU SHEKHAR SINGH VS. STATE OF U P [LAWS(SC)-2006-4-43] [REFERRED TO]
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH VS. ARUN KUMAR JAIN AND OTHERS [LAWS(P&H)-2020-8-16] [REFERRED TO]
LEELA BISHT VS. PAN SINGH [LAWS(UTN)-2019-11-76] [REFERRED TO]
S. AJI AND ORS. VS. NAZARUDEEN A. AND ORS. [LAWS(KER)-2015-2-70] [REFERRED TO]
V.K.THUKRAL VS. CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(HPH)-1999-6-26] [REFERRED]
DR. RITA WAHAL VS. CHANCELLOR, KING GEORGES MEDICAL UNIVERSITY, LUCKNOW & 3 ORS [LAWS(ALL)-2017-5-25] [REFERRED TO]
ANURADHA SINGH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2023-12-5] [REFERRED TO]
NORTHERNINDIASEEDSCORPORATIONANDSEEDSINDIA VS. STATE OF BIHAR [LAWS(PAT)-1993-2-12] [REFERRED TO]
S I ROOPLAL VS. LT GOVERNOR [LAWS(SC)-1999-12-142] [REFERRED]
M RAMACHANDRAN VS. GOVIND BALLABH [LAWS(SC)-1999-9-156] [REFERRED]
PRASHANT KAPOOR VS. HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AND OTHERS [LAWS(P&H)-2016-7-361] [REFERRED TO]
Dhobei Pati VS. Union of India [LAWS(ORI)-2011-3-53] [REFERRED TO]
SASI M K VS. UNION OF INDIA [LAWS(KER)-2018-7-410] [REFERRED TO]
J S MISHRA VS. EDUCATION OFFICER SECONDARY ZILLA PARISHAD [LAWS(BOM)-2002-9-91] [REFERRED TO]
SHYAMABAI SURAJKARAN JOSHI VS. MADAN MOHAN MANDIR SANSTHA [LAWS(BOM)-2009-12-74] [REFERRED TO]
A SETHU RAVONTH VS. STATE OF TAMIL NADU [LAWS(MAD)-2012-6-6] [REFERRED TO]
C RENUKAPRASAD VS. STATE OF KARNATAKA [LAWS(KAR)-2000-4-14] [REFERRED TO]
HON BLE SECRETARY AND CORRESPONDENT BADRUKA COLLEGE OF COMMERCE AND VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1996-12-2] [REFERRED TO]
UTTAM CHAKRABORTY VS. STATE OF TRIPURA AND ORS. [LAWS(GAU)-2006-5-80] [REFERRED TO]
ARUN KUMAR SAXENA VS. STATE OF U.P. THROUGH PRIN. SECY. RURAL ENGINEERING DEPTT. L [LAWS(ALL)-2017-4-29] [REFERRED TO]
ABDUL RAHMAN ANSARI VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2013-10-259] [REFERRED TO]


JUDGEMENT

BALAKRSHNA ERADI - (1.)THE second world war left in its wake conditions of scarcity of foodgrains and other essential commodities in different parts of the country. To tide over that situation and with intent to ensure a fair and equitable distribution of the available supply of foodgrains etc., schemes of rationing of goodgrains were periodically introduced in the different States in the country.
(2.)IN the State of Bombay, an informal (non-statutory) scheme of rationing was introduced in November, 1957 and for administering the said scheme, an ad hoc Organisation was set up under the Controller of Foodgrains Distribution. Since this Organisation (hereinafter referred to as CFD) was intend to be only a temporary and short-term set up, no recruitment rules were framed for appointment to the various categories of posts created therein. The CFD was manned principally by (1) personnel who had been working in the temporary Civil Supplies Department created during the second world war period and who were attending to certain residual duties concerned with the winding up of that department, (2) persons taken on deputation from other Government departments, (3) retrenched former Civil Supply Department personnel, and (4) persons directly recruited to the CFD by the Controller of Foodgrains Distribution on temporary basis through the Employment Exchange. Since no rules had been framed laying down the qualifications or method of recruitment to the various posts, the guiding factor which seems to have weighed with the authorities in effecting appointments in the CFD was the suitability of the person concerned to carry out the duties attached to a particular post irrespective of qualifications, age, etc. Admittedly, amongst the persons appointed to the CFD, there were several non-matriculates who were ineligible under the prevailing rules applicable to other Government Departments for regular appointment into the Government service in the clerical category and also quite a few persons who were over-aged for being entertained in the Government service as on the dates of their ad hoc appointments into the CFD.
The principles to be observed for fixing the seniority of the personnel appointed to the CFD were laid down by the State Government by a Resolution dated 1/04/1963. Under the said Resolution, the seniority of personnel in each category was to be determined with reference to the date of first appointment in the particular cadre in which they were initially appointed in the CFD.

In July 1965, the Government of India issued instructions to all the State Governments advising them to start statutory rationing schemes in metropolitan areas and big towns. With a view to implement those instructions of the Central Government, the State Government of Maharashtra sanctioned on 21/10/1965 a skeleton staff for working out details and carrying out other preliminary work for the introduction of a scheme of statutory rationing in Greater Bombay.

(3.)SUBSEQUENTLY, by a Resolution dated 11/02/1966, the Government of Maharashtra announced its decision to introduce a statutory rationing scheme in Bombay and the industrial Complex around it including some areas of Thana District and to set up an organisation under the Controller of Rationing, Bombay, for efficiently administering the said statutory scheme. The strength and pattern of the staff for the Bombay Rationing Organisation (for short, the BRO) which was newly created under the said Resolution was to be as shown in Annexure 'A' appended to the Resolution. The skeleton staff which had been already sanctioned for carrying out the preliminary work as per the prior Government Resolution dated Oct. 21, 1965 was to be treated as belonging to the BRO. The existing staff of the CFD consisting of 884 posts as shown in Annexure 'B' to the aforesaid Resolution was to be merged into the new BRO with effect from Mar. 1, 1966, excepting 9 posts of part-time Mehtars, which were to be abolished with effect from the said date. In addition, 2818 posts in 23 different categories were also created in the BRO as per the particulars shown in Annexure 'C' to the aforesaid Resolution. Out of these, 1220 newly created posts were in the category of Rationing Inspectors and 165 posts were of Senior Clerks.
Since it was considered necessary to have experienced staff for manning the higher posts in the new Organisation, it was decided to obtain the services of experienced hands from other departments on deputation. Accordingly, the Chief Secretary to the Government of Maharashtra addressed a letter dated Feb. 22, 1968 to all Heads of Departments stating that huge staff was required for manning the posts in the newly created BRO, that for the higher posts of Assistant Rationing Officers/Inspecting Officers/ Head Clerks and Rationing Officers/Senior Clerks, it was absolutely necessary to draw upon senior and experienced persons already working in other Government offices in Greater Bombay and hence the Government had decided that each department should immediately on receipt of the letter release the requisite number of persons under intimation to the Controller of Rationing, Bombay and instruct the persons concerned to report for duty to him. It was further mentioned in the letter that for the posts of Assistant Rationing Officers, persons who had put in at least two years' service in a scale comparable to the scale of Rs. 200-10-300 would be considered and that for the posts of Rationing Inspectors/Senior Clerks, Clerks who had put, in at least two years' service would be considered. In compliance with the directions contained in the said letter, a large number of personnel from different departments of the State Government of Maharashtra in the Greater Bombay area were sent over to the BRO on deputation and they were appointed to posts in different categories in the new Organisation (B. R. O.). Apparently for the reason that the number of persons so obtained on deputation was not adequate to fill up all the new posts in the BRO, some persons were also directly recruited into the said Organisation subsequent to 1/03/1966.



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