Service Law Basic Concepts and Service Conditions; Enforceable Across the Country – More Particularly In Jammu and Kashmir. U. T.

Service, serve or servant are multiple connotations of the service law being interchained facets to serve the maters creating relations of Master and servant. A person employed by an another to do work under the control and directions of the employer.” A servant strictly speaking is person who by contract or operation of law, is for a limited period subject to the authority or control of another person in a particular trade, business or occupation. The work servant, in our legal nomenclature has a broad significance, and embraces all persons of whatever rank or position who are in the employ, and subject to the direction or control of another in any department of labour or business. Indeed it may, in most cases be said to be synonymous with “employee” according to H. G. Wood, A Treatise on the Law of Master and Servant (2nd Edition 1886) placed in the Black’s Law Dictionary (Eighth Edn by Bryan A. Garner Editor in Chief) at 1399.

The origin of the Government service is contractual because there is an offer and acceptance in each case, but once a an employee( in fact a person in all cases of deployments) is appointed to a post or office such Government Servant by virtue of such appointment acquires status and his rights and. Obligations are no longer determined by the consent of the both the parties but exclusively by the statute or statutory rules which as a matter of fact are formulated by the Government subject however to the stimulation of the alterations unilaterally thereby the Government servant acquires a status much more than the essence of a contract. The hallmark of status is the attachment of legal relationship of rights and duties imposed by the public law instead of the mere essence of mutual agreement of the parties. The emoluments, terms of service are governed by the statutory service conditions which are unilaterally altered by the Government in contrary to the will of the Government sant but by deriving the jurisdictions laid down Direct in theArticle 310.and Article 311 of the Indian Constitution.