Tuesday, February 26, 2013

[IAC#RG] Supreme Court said -On joining Govt. service, a person does not mortgage or barter away his fundamental RIGHTs, in favour of the Govt.

One fails to understand the craziness of Indian Courts. SCI has said, " On  joining Govt. service, a person does not mortgage or  barter away his basic RIGHTs as a human being, including his  fundamental RIGHTs, in favour of the Govt.   The  Govt., only because it has the power to appoint does not become the master of the body and soul of the employee.  The Govt.  by providing job opportunities to its citizens only fulfils its  obligations  under the Constitution, including the Directive Principles  of the State Policy.  The employee, on taking up an  employment         only  agrees  to   subject  himself  to  the regulatory measures concerning his service.  His association with   the   Government or  any other employer, like Instrumentalities  of the Govt. or Statutory or  Autonomous Corporations  etc., is regulated by the terms of contract of service or  Service Rules made by the Central or the  State Govt.     under the Proviso to Article 309 of the Constitution or  other  Statutory  Rules   including     Certified  Standing OrdeRS...        The fundamental RIGHTs, including the RIGHT to Life under  Article 21  of the Constitution or the basic  HUMAN RIGHTS are not surrendered by the employee.  (CAPT.M. PAUL ANTHONY Vs BHARAT GOLD MINES LTD. & ANR. DATE OF JUDGMENT:    30/03/1999 )


On Tue, Feb 26, 2013 at 10:45 PM, Babu Shetye <shetyebabu@yahoo.com> wrote:
Sir now the high court of bombay at goa has asked the same question after Supreme court was satisfied please if u can write the saame letter to Bombay Hc at Goa and send your copy of supreme court reply directly to Hc
Thanking You
 


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