Condition Of Service - Definition - Law Dictionary Home Dictionary Definition condition-of-service

Definition :

Condition of service, includes transfer of the employees, General Officer Commanding-in-Chief v. Subhash Chandra Yadav, (1988) 2 SCC 351: AIR 1988 SC 876. [Cantonment Board Service Rules (1937) R. 5C]

The expression 'conditions of service' is an expression of wide import. As pointed by the Supreme Court in Pradyat Kumar Bose v. Hon'ble the Chief Justice of Calcutta High Court, (1955) 2 SCR 1331, the dismissal of an official is a matter which falls within 'conditions of service' of public servants. The Judicial Committee of the Privy Council in North West Frontier Province v. Suraj Narain Anand, (1948) LR 75 IA 343, took the view that a right of dismissal is a condition of service within the meaning of the words under s. 243 of the Government of India Act, 1935. Lord Thankerton speaking for the Board observed therein: 'apart from consideration whether the context indicates a special significance to the expression 'conditions of service' their Lordships are unable in the absence of any such special significance, to regard provisions which prescribe the circumstances under which the employer is to be entitled to terminate the service as otherwise than conditions of the service, whether these provisions are contractual or statutory; they are therefore of opinion that the natural meaning of the expression would include such provisions.' In P. Balakotaiah v. Union of India, (1958) SCR 1052, the Supreme Court proceeded on the basis that a rule providing for the termination of the service of a railway official can be made in exercise of the powers conferred on the Government by ss. 241 (2), 247 and 263(3) of the Government of India Act, 1935. The expression 'conditions of service' means all those conditions which regulate the holding of a post by a person right from the time of his appointment till his retirement and even beyond it in matters like pension, etc., State of Madhya Pradesh v. Shardul Singh, (1970) 1 SCC 108: (1970) 3 SCR 302.

The expression 'conditions of service' means all those conditions which regulate the holding of a post by a person right from the time of his appointment till his retirement and even beyond it, in matters like pension etc., I.N. Subba Reddy v. Andhra University, (1977) 1 SCC 554: AIR 1976 SC 2049 (2053): (1976) 3 SCR 1013. [Andhra University Act, 1926 (2 of 1926), s. 19(c)(iii)]

The expression 'conditions of service' is an expression of wide import and the dismissal from service is a matter which falls within the conditions of service of public servants. It is also well settled that it is not possible by means of any legislative provision or rule to take away the guarantee provided by Article 311 (1) of the Constitution which lays down that no public servant shall be dismissed by an authority subordinate to that by which he was appointed and if any such legislative provisions or rule lays down otherwise, it will clearly be ultra vires. Mysore State Road Transport Corporation v. Mirja Khasim Ali Beg, (1977) 2 SCR 282: AIR 1977 SC 747.

The expression 'conditions of service' includes everything from the stage of appointment to the stage of termination of service and also relates to matters pertaining to disciplinary action, Lilly Kurian v. Sr. Lewina, (1979) 2 SCC 124: AIR 1979 SC 52 (56): (1979) 1 SCR 820. [Kerala University Act, 1957 (14 of 1957), s. 19(i)]