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    Employees Can’t Seek To Selectively Apply Relevant Recruitment Rules To Their Liking : High Court

    Srinagar, December 22: Justice Ali Mohammad Magrey while dismissing the petition of J&K Tourism Development Corporation Employees Union seeking direction to give pensionary benefits to the members, holds that employees cannot seek to selectively apply the relevant recruitment rules to their liking.

    Justice Ali Mohammad Magrey observed that question that this Court is called upon to answer in this petition is that despite there being clear rule position with regard to the services in the Corporation being non-pensionable, can the members of the petitioners Union still claim pensionary benefits in their favour on the analogy of other Government Corporations/ Departments.

    The answer to this question has to be in the negative inasmuch as the petitioners cannot seek to selectively apply the relevant recruitment rules to their liking. The petitioners are governed by express statutory rules which set out the terms and conditions of the services of employees, including the petitioners, therefore, the petitioners cannot claim for amendment in the service rules through the medium of the instant petition.

    The petitioners and other employees of the Corporation cannot deviate from the terms and conditions of service upon which they have been appointed.

    Justice Magrey further observed that apart from the above, there is all substance in the argument of the learned counsel representing the respondent Corporation that once an employee accepts the terms and conditions governing a particular service at the time of entry in that service, he/ she subsequently cannot turn around and contend that the certain portion of the rules governing such service is not tenable.

    The court further added that this Court cannot issue directions to the legislature to enact a particular legislation. Same is true as regards the executive when it exercises the power to make rules, which are in the nature of subordinate legislation.

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