Service laws and constitutional remedies

Democracy is based on deep sense of understanding, mutual confidence and tolerance. It is well understood that the law relating to Civil Services in India is modelled upon the pattern of United Kingdom. The position of Civil Services during the period of nineteenth Century and onwards developed and organised on the British pattern. The Government of India Acts 1919, 1935 and the rules made thereunder are the important enactments and guiding factors of the basis of modern law relating to Civil Services. It is well established that the struggle for independence which brought independence to India in 1947 gave a pattern of democratic system in India. It can not be ignored that the Government of India Act 1935 has brought a positive improvement in the service matters. Indian Independence Act 1947 came into existence and finally the Constitution of India came into force with effect from 26th January, 1950. A number of enactments and rules made thereunder within the provisions of the Constitution. The recent changes in service laws have brought a considerable development.

The book "Service Laws And Constitutional Remedies" is an unique work of the author in service matters and constitutional remedies. It contains Chapters 1 to 37 with the matter starting from employment, its pre-stages, incidents to it, ending to its retirement at the age of superannuation or by way of punishment in details. It also contains conditions of service and the details of Re-employment and Fourth Pay Commission. Besides, the author has done this unique work with support of latest case law and has annexed all basic rules, regulations. enactments and constitutional provisions. The author's book is a standard work on the subject relating to service matters with lucid exposition of legal principles laid down by the various High Courts and the Supreme Court with incisive presentation of comprehensive and exhaustive comments on all topics concerning with service matters duly supported with rules and latest case law. The special features of this book are:

Providing the provisions regarding Departmental, Civil and Constitutional remedies available to servants in relation to the grievances in service matters;

• Insertion of chapter on the remedies available through Tribunals

under the provisions of Central Administrative Tribunals Act 1985

with latest rules;

• Incorporation of Fourth Pay Commission in detail alongwith Conditions of Service.

Incorporation of Conduct Rules, Discipline and Appeal Rules,

Service Rules and enactments relating to service matters.

Fundamental Rules, Rules relating to Railway Servants and Civil

Servants are also annexed to this book.

The author expresses his thanks to Shri Ajay Kulshrestha, Advocate, Civil Courts Aligarh and Smt. Karunesh Kulshretha, Advocate Agra who had extended their valuable co-operation and assistance in preparing this manuscript. The Author has cited all important case law reported in A India Reporter, All India Service Law Journal; Service Law Reporters and allied States and Central Law Joumals and Reporters. The author is highly indebted to Shri K.P. Bhandari, Senior Advocate (Now Advocate General) Punjab: Shri Jagjit Singh Chawla and Shri V.K. Bhandari Advocates Punjab and Haryana High Court, Chandigarh for their moral inspiration in completion of the present valuable manuscript of the book.

The author is highly grateful to the publisher M/s. Capital Law House for their outstanding ability, sincere efforts and special care in printing. setting up the printed matter with extra-ordinary deligence and care in publication of this book.