Supreme Court of India
Pawan Kumar Tiwary and Others v. Jharkhand State Electricity Board (now Jharkhand Urja Vikas Nigam Limited) and Others
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What the Court ordered
We hold that in the absence of demonstrable malaise and where individual appointments are legally sustainable, we must lean in favour of preservation, not obliteration.
Judgment, page 17
From the headnote
Issue for Consideration Whether the findings of the Division Bench with respect to illegality in the appointment of appellants warrant interference; if the appointment is held to be legal, whether they are entitled to any consequential benefits. Headnotes† Service Law – Cancellation of appointments, en masse – When not justified – Doctrine of severability – Test of individual scrutiny – Appellants’ appointments to Class III posts were set aside by High Court primarily on the ground that appointments were made beyond the sanctioned strength and thus, were illegal – Interference with: Held: 1.1
Authorities it was built on
- 1978 Maneka Gandhi v. Union of India
- 2006 Secretary, State of Karnataka and Ors. v. Umadevi and Ors.
- 1990 Kumari Shrilekha Vidyarthi Etc. Etc v. State of U.P. and Ors.
- 1991 Union of India Etc. Etc. v. K.V. Jankiraman Etc. Etc.
- 2009 State of Bihar v. Upendra Narayan Singh & Others
- 2006 R.S. Garg v. State of U.P. and Ors.
- 2013 Vikas Pratap Singh and Ors. v. State of Chhattisgarh and Ors.
- 2022 Gowramma C (dead) by Lrs v. Manager (personnel) Hindustan Aeronautical Ltd. & Anr.
- 2025 State of West Bengal v. Baishakhi Bhattacharyya (chatterjee) and Others
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