“Recruitment” and “Conditions of Service” – Distinction Between

A Division Bench of the Hon’ble Allahabad High Court in Dr. Rajeev Ranjan Mishra and others v. State of U.P. and others, 2008 (1) AWC 810, held as under:
“The distinction between rule of “recruitment” and “condition of service” is no more res integra having already been settled by the Apex court in catena of cases. In State of M.P. v. Shardul Singh, (1970) 1 SCC 108, the Apex Court held that the term “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 retirement and even pension etc. It was reiterated in I.N. Subbareddy v. State of A.P., (1997) 1 SCC 554. In Syed Khalid Rizvi v. Union of India, 1993 Supp (3) SCC 575, the Apex Court held that where a rule permits relaxation of provisions pertaining to “conditions of service”, the same would be applicable to the condition after appointment to the service in accordance with rules. It also held that “conditions of recruitment” and “conditions of service” are distinct and the latter is preceded by an appointment according to rules, the former cannot be relaxed.”
In a Full Bench Judgment of the Gujarat High Court in A.J. Patel and others v. State of Gujarat and others, AIR 1965 Guj 23, with reference to Article 309 of the Constitution of India, it was held as under:
“From this Article it is evident that rules relating to the recruitment of persons to public services and posts are distinct from rules relating to the conditions of service. The conditions of service are conditions applicable to persons who have been appointed to public services and posts. The terms and conditions relating to recruitment and relating to appointment to public services and posts must, therefore, be regarded as distinct and different from the conditions of service governing persons on their appointment to public services and posts.” Raj Kumar Pandey and others v. State of U.P. and Others, (2014) 1 UPLBEC 224.

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Filed under Conditions of Service, Employment Law

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