Constitution of India, 1950 Articles—14,16&226—Service Law—Compassionate appointment—Qualification acquired with marginal delay—Demotion from Class-III to Class-IV post—Appointment as JOA (IT) subject to condition of obtaining NIELIT “O/A” Level Diploma within two years—Petitioner permitted by employer to undertake course—Examination/re-examination schedule not within petitioner's control—Delay attributable substantially to examination/re-examination schedule rather than inaction on part of petitioner—
Held—That, slight delay in acquisition of qualification, in circumstances beyond petitioner's control, could not justify harsh consequence of demotion—Condition in appointment letter required reasonable and contextual application—Demotion held harsh and disproportionate—Order of demotion quashed. (Paras 7,11&13)