AIR 1998 SUPREME COURT 2812 ::1998 AIR SCW 1417 ::1998 LAB. I. C. 1394 ::1998 (3) ADSC 10 ::1998 SCC (L&S) 1055 ::1998 (4) SCC 179 ::(1998) 2 Scale 232 ::1998 (2) LabLN 71 ::(1998) 2 SCJ 89 ::(1998) 2 SCT 287 ::1998 (2) ServLR 167 ::1998 (3) Supreme 103 ::(1998) 2 JT 309 (SC) ::1998 (2) JT 309

Supreme Court Of India

(From : Jammu and Kashmir)*

Hon'ble Judge(s): S. Saghir Ahmad, D. P. Wadhwa , JJ

Constitution of Jammu and Kashmir (14 of 1956 Smvt.) , S.124— (14 of 1996 Smvt.) Jammu and Kashmir Civil Services (Decentralization of and Recruitment to Non Gazetted Cadres) Rules (1969) , R.1(2), R.14— Promotion - Power of Government to relax standard prescribed for promotion - Exercise of - Validity - Post of senior scale stenographers - Government promoting candidates who were nearest to prescribed standard and topping merit list by relaxing standard prescribed for promotion - Relaxation of Rules made to obviate genuine hardships caused to class of employees - Act of Government neither arbitrary nor capricious - Promotion by relaxing Rules, proper. L.P.A. No. 79 of 1990, D/- 1-3-1991 (J. and K.), Reversed.@page-SC2813 Constitution of India , Art.309— Power to relax the Recruitment Rules or any other Rule made by the State Government, under Art. 309 of the Constitution of which the corresponding provisions is contained in S. 124 of the Constitution of Jammu and Kashmir, is conferred upon the Government to meet any emergent situation where injustice might have been caused or is likely to be caused to any individual employee or class of employees or where the working of the Rule might have become impossible. Under service jurisprudence as also the Administrative Law, such a power has necessarily to be conceded to the employer p....