Case Law Details
Kundan Singh Vs State & others (Uttarakhand High Court)
Salary is the property within the meaning of Article 300-A of the Constitution of India. No GST or Service Tax can be deducted from the salary of the petitioners without any authority of law.
It is reiterated that the Principal Employer is the State Government. The master-servant relationship exists between the State Government and its employees, even though sponsored by the UPNL. The employees sponsored by UPNL are discharging similar duties which are being discharged by their counterparts. They are qualified and fulfill other eligible criteria, as per the recruitment and promotion rules.
The State Government should make appointments to public posts through agencies of Public Service Commission, Service Selection Boards in conformity with Articles 14 and 16 of the Constitution of India instead of restricting it to agency which was primarily setup for sponsoring the names of ex-servicemen and their dependants.
Accordingly, the writ petition is disposed of with the following directions:
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