TaxTMI Login
AI Drafter - (New and Powerful) ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Just a moment...
AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether employees who had not completed the prescribed qualifying service could claim inclusion in the eligibility list for promotion and compel the authority to grant relaxation in qualifying service.
Analysis: The promotion rules prescribed completion of 25 years of service, including at least three years as Superintending Engineer, as an essential eligibility condition. The eligibility lists were prepared on the basis that the respondents had not fulfilled that condition. The relaxation provision used permissive language and left the grant of relaxation to the discretion of the competent authority. A relaxation that is merely permissible cannot be enforced as a matter of right through a writ of mandamus, and a court cannot direct the authority to grant such relaxation when no vested entitlement exists.
Conclusion: The exclusion of the respondents from the eligibility lists was valid, and no mandamus could be issued to compel relaxation in qualifying service. The High Court's direction and the quashing of the eligibility lists were unsustainable.
Final Conclusion: The challenge failed, and the judgment under appeal was set aside, resulting in dismissal of the underlying writ petition.
Ratio Decidendi: A discretionary relaxation provision that merely permits relaxation does not create an enforceable right to claim it or justify a writ of mandamus directing the authority to grant it when the statutory eligibility requirement is not satisfied.
TaxTMI 
