For a more complete knowledge of the case please see the project on the subject of Article 309 and it being a panacea for some relief for the Armed Forces at http://kannanpersonal.com/projects/safeguards/constitution1.html
An extract is appended below for setting off you to read the full article. Happy Reading.
Public Servants - Articles 309 & 310
"309. Recruitment and Conditions of Service of Person Serving the Union or a State
"Subject to the provisions of this Constitution, Act of the appropriate Legislature may regulate the recruitment, and conditions of service of person appointed to public services and posts in connection with the affairs of the Union or of any State:"Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of the State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act".
- The C.C.S. (Conduct) Rules, 1964.
- The C.C.S. (C.C.A.) Rules, 1965.
- The Railway (D.&A.) Rules, 1968.
- The C.C.S. (T.S.) rules, 1965.
- the I.A.S.,
- the I.P.S. and
- the Indian Forest Service.
Under Article 148 (5) the conditions of service of persons serving in the Indian Audit and Accounts Departments are regulated by rules made by President after consultation with the Comptroller and Auditor General of India. No separate rules have been made by the President under this Article. The rules framed by the President for the other civil services and posts are made applicable to persons serving in the Indian Audit and Accounts Department after consultation with the Comptroller and Auditor General of India.
The conditions of service of the Defence personnel paid out of the Defence Services Estimates and who are subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950) are governed by their respective Acts and the rules made thereunder.