Supreme Court of India
The Government of Tamil Nadu and Anr. Etc. Etc. v. Tamil Nadu Makkal Nala Paniyalargal and Ors. Etc. Etc
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From the headnote
Service Law – Direction for creations of posts – Impermissibility of – Held: Courts cannot direct fo r creations of posts – In the present case, the respondents were not in e mployment of the Government or holding a civil post or appointed against t he cadre post in any of the Government establishment where the ser vice conditions are governed/regulated by the statutory rules framed under the proviso to Article 309 – In absence of san ctioned post, the State cannot be compelled to create the post an d absorb the persons who are continuing in service of the State – Therefor e, the impugned
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