Social-Engineer 'Civil Servants' Historical Development & Common Law Perspective

Abstract

Civil services in India are modeled upon the pattern of Britain. Still there are some important defenses between the law relating to civil servants in England and India. The expression civil post has been subject of judicial interpretation. The safeguard to Govt. servants in India has been provided in Indian constitution under Article and fundamental rights against doctrine of pleasure enumerated in Article 3l0. The doctrine pleasure is originated from English law through East India Company when British directly took over the command of India from East India Company. The doctrine of pleasure was prerogative of king in England. Which means govt. servants used to hold office during the pleasure of king or crown and his services could be terminated at any stage with giving him opportunity unless provided in statute. The crown was not bound by the terms and conditions of employment and terms of contract. It was considered that, king can do no wrong. There were direct relation between crown and its servants and the crown was empowered to terminate the services of its servant without affording them opportunity of hearing or without pay them any retrenchment compensation, pension benefits, damages for wrongful termination or any other relief which are applicable in present era.