Implications of article 309 of Constitution of India in service Jurisprudence

Chapter-2 (Conditions of Service) In our last write up we have discussed article 309 regarding the recruitment now in this present article we are going to discuss about the condition’s of service it simple mean’s what are going to be the various factor’s of a particular public Employment in term’s of salary, pay Scale, Suspension, termination, transfer, deputation superannuation, Leave, Provident fund, gratuity, Promotion, Seniority, disciplinary proceedings, etc. these are some of the condition of service to any Government Employee, the most important thing which is need to be seen in article 309 is that state & Center should endeavor to make appropriate Legislation regarding various Condition’s of Services mentioned above and in proviso of this article rule making power is given to The President in Union and To Governor in respective States, so the point which is to be noted here is that if any Legislation is missing regarding any condition of service then the rule framed under article 309 will be the guiding force to manage various conditions attached to the employment of Government servants. Hence in absence of Law framed by Legislature the Rules made under article 309 will prevail, So it may be looked first whenever any issue come before us regarding the service condition than it is primary required to first search any legislation is passed by legislature in that regard or not, that is the reason why in proviso of article 309 enacted In first phase of article 309 it is mentioned that Law may be legislated by appropriate Legislature to regulate the recruitment and condition’s of services within the framework of constitutional Scheme & in proviso it is said that until a Legislation is passed the Rules made under this article will prevail until a Law made by Legislature. Regarding recruitment & various condition of services .(In later articles we will be looking various issues of promotion, suspension, salary etc by taking case studies first we will complete part XIV of Constitution of India)