Union of India v. K. P. Joseph and Others (AIR 1973 SC 303)

Main Questions: (1) Does the 1960 re-employment Order cover those re-employed before 25-11-1958? (2) Was a writ maintainable against denial of benefits?

Answer: Yes, by exception. Though past cases were generally not reopened, the Order’s exception covered pre-25-11-1958 re-employed staff who opted in writing and whose re-employment continued up to the Order’s date. Joseph qualified; benefit allowed.

• Does the 1960 Order apply to a person re-employed before 25/11/1958?
• Is a writ justified when an administrative order affects pay rights?

Administrative orders can confer rights or impose duties. Because such orders may abridge benefits, courts read in audi alteram partem (hear the other side) to secure fairness.

1960 Order (re-employment): General rule—no reopening of past cases (pre-25-11-1958). Exception— applies if the person was re-employed before 25-11-1958 for an unspecified/continuing period up to the Order’s date and exercised written option.

The Supreme Court held that although the general rule avoided reopening pre-25-11-1958 cases, Clause (3) of Paragraph (3) carved out an exception. Joseph satisfied the conditions (continuing re-employment and written option). He was, therefore, entitled to the Order’s benefit.

Exception outruns general bar: Re-employed persons before 25-11-1958 can claim the 1960 Order if their re-employment ran to the Order date and they opted in writing. Administrative orders that alter benefits attract fairness principles.

• Clarifies pay fixation for re-employed ex-servicemen.
• Shows courts will read exceptions as written, not defeated by a broad general rule.
• Reaffirms that administrative orders engaging rights bring in natural justice.

Mnemonic: “OPC: Option • Period • Clause”

1. Option: Was a written option filed?
2. Period: Did re-employment run up to the Order date?
3. Clause: Apply the exception clause to override the general bar.

Issue: Is Joseph entitled to the 1960 Order benefit despite pre-25-11-1958 re-employment?

Rule: General non-reopening; exception for continuing re-employed persons who opt in writing.

Application: Joseph’s re-employment continued; he exercised option → squarely within exception; administrative denial impacts his rights.

Conclusion: Benefit allowed; writ appropriate where administrative action affects rights.

Audi Alteram Partem

“Hear the other side” — a rule of natural justice ensuring fairness in decisions affecting rights.

Pay Fixation

Method of setting pay in a new post, here by adding increments for past military service.

Writ

High Court/Supreme Court order supervising public/administrative action.

• Service law decisions on re-employment and pay fixation.
• Cases applying natural justice to administrative pay/benefit orders.