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Supreme Court of India

The State of Bihar & Ors. v. Devendra Sharma

Neutral citation
Reported as [2019] 15 S.C.R. 990
Bench L. Nageswara Rao and Hemant Gupta JJ.
Decided 17 October 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the aforesaid judgments, it cannot be said that the appointment of the employees in the present set of appeals were irregular appointments.

Judgment, page 31

From the headnote

Service Law: Appointments – Illegal appointments – Entitlement to salary or consequential rights of pension and other monetary benefits – Held: Rights to salar y, pension and other ser vice benefits ar e entir ely statutor y in natur e in public ser vice – These rights, spring fr om a valid and legal appointment to the post – Once it is found that the very appointment is illegal and is non-est in the eye of law, no statutor y entitlement for salar y or consequential rights of pension and other monetary benefits can arise – On facts, matter pertaining to appointments against Class II or IV

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