Legal Question in Administrative Law in India
Servicematter
what test should be applied to prove any one is a government servant.if his appointment is under an authority established by the joint venture of union and state under the ministry of rural development department
1 Answer from Attorneys
Re: Servicematter
Employees of such authorities are not government servants. If the authority concerned is established by or through a statute, they are at best employees of 'statutory authorities'.
However, these authorities are covered within the definition of "State" under Article 12 of the Constitution of India and the employees are entitled to protection of Articles 14 and 16 of the Constitution of India. But they do not enjoy the protection of Article 311 of the Constitution which is available only to 'government employees'.
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