Supreme Court of India
Ashok Kumar Shrivastava.and Ors. v. Ram Lal and Others
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What the Court ordered
We are of the view that the facts are distinguishable in that the services of the 1987 appointees should be treated as substantive from the date of their initial appointment and not from 1997 when by amendment of the Service Rules their F services were deemed to have been regularised and they were included in the cadre with effect from the date of such amendment.
Judgment, page 38
From the headnote
Constitution of India, 1950: Article 320(3) proviso - Withdrawal of posts from purview of State Public Service Commission and appointments to such posts by State Government - HELD: Proviso to clause (3) of Article 320 empowers the Governor of a State to withdraw from the purview of Public Service Commission, services and posts in connection with affairs of the State, and to make regulations in respect thereof- Uttar Pradesh (Sales Tax Officers Grade- II) Service Rules, 1983: Service Law: Uttar Pradesh (Sales Tax Officers Grade-II) Service Rules, 1983: r. 3(as amended in 1997) - "Substantive
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