Can Article 14 of the Constitution of India be invoked to have an earlier erroneous order repeated in a later case?

No. Article 14 cannot be invoked for perpetuating illegality: a wrong order passed in one case cannot be made the basis for compelling a public authority to pass a similar order in another. Even where the State has implemented an erroneous order without preferring an appeal, it is not precluded from challenging a similar order in a later case.

Tamil Nadu Pension Rules, 1978 — r.11 — r.11(2) — r.11(4) — Part-time service — Counting of 50% of temporary service — Constitution of India — Art.14 — Precedent — Tamil Nadu Pension Rules, 1978 — r.11 — Benefit confined to whole-time service — Held: Rule 11 counts half of temporary service only for an employee in a whole-time job, not for part-time service; pension, though a right, operates within the scheme the Rules frame. (¶2) Constitution of India — Art.14 — A wrong order is not a precedent to be repeated — Held further: Article 14 cannot be invoked to perpetuate an illegality, and orders running counter to Rule 11(2) and 11(4) and to the Full Bench lose their status as precedent. Appeal allowed. (¶2, ¶3)

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