LAW RELATING TO CIVIL SERVANTS
Civil Servants: Constitutional Dimensions
Objectives of the course
Civil servants constitute a separate species of the labour force in India
and are given rights as well as liabilities under the Constitution. Inevitably,
the constitutional dimensions of these rights and obligations are to be studies
in this course. The laws and regulations relating to their recruitment and
promotion, conditions of service and the dispute settlement mechanisms
form an important component of the study. The problems that civil servants
are facing in service are to be highlighted and critically assessed.
Examination of special category services such as judicial services, the
Supreme Court, High Court personnel and All India Services should also
form part of the course.
The following syllabus prepared with these perspectives will be
spread over a period of one year.
1. Civil Servants: Constitutional Dimensions
1.1 Civil servants and the fundamental rights – Historical and
1.2 Equality and protective discrimination : principles and practices
1.3 Services Regulations: the constitutional bases – formulation of
services rules – doctrine of pleasure.
1.4 Limitations on doctrine of pleasure
1.4.1 Action only by an authority not subordinate to the
1.4.2 Opportunity of being heard and its exceptions.
2. Recruitment and Promotion
2.1 Central and state agencies for recruitment
2.2 Methods, qualification
3. Conditions of Services
3.1 Pay, dearness allowance and bonus: machinery for fixation and
revision, Pay Commission.
3.2 Kinds of leave and conditions of eligibility
3.3 Social security: provident fund, superannuation and retiral
benefits, Medicare, maternity benefits, employment of children
of those dying in harness, compulsory insurance.
3.4 Civil and criminal immunities for action in good faith
3.5 Comparative evaluation with private sector
3.6 Comparative evaluation between the state government
employees and the central government employees
3.7 Consultation with Public Service Commission
4. Civil Service: Amalgam of Principles, Compromises
4.1 Neutrality commitment dilemma, permanency, expertise and
institutional decision making
4.2 Relaxation of age and qualification in recruitment, spoils
system, seniority cum merit recruitment and promotion.
4.3 Frequent transfers, education, of children, housing and
4.4 Civil service and politics, politicisation of government servants
organization and inter union rivalry
5. Special Categories of Services
5.1 Judicial services: subordinate judiciary judicial officers and
servants: appointment and conditions of service
5.2 Officers and servants of the Supreme Court and the High
Courts: recruitment, promotion, condition of service and
5.3 All India services, objects regulation of recruitment and
conditions of service disciplinary proceedings
6. Settlement of Disputes over Service Matters
6.1 Departmental remedies: representation, review, revision and
appeal: role of service organizations
6.2 Remedy before the Administrative Tribunal: jurisdiction, scope
an procedure merits and demerits exclusion of jurisdiction of
6.3 Judicial review of service matters jurisdiction, of the Supreme
Court and High Courts
Recruitment and Promotion
Conditions of Services
Civil Service: Amalgam of Principles, Compromises
Special Categories of Services
Settlement of Disputes over Service Matters