Service Law- The equivalence of a qualification is not a matter that can be determined in the exercise of the power of judicial review. Whether a particular qualification should or should not be regarded as equivalent is a matter for the State, as the recruiting authority, to determine- equivalence is a technical academic matter, it …
Shifana PS vs State Of Kerala 2024 INSC 580 – Service Law – Equivalence Read More »
Summary : Appeal against HC Judgmentsetting aside the order of termination of services of the respondent – Allowing appeal, SC held: respondent had complete knowledge of the registration of the FIR and pendency of the criminal cases. Despite that, he had wilfully withheld material information from the appellants while filling up the Verification Roll. He …
Union Of India vs Shishu Pal @ Shiv Pal 2024 INSC 550 – Service Law – Read More »
Service Law – Promotion is effective from the date it is granted and not from the date when a vacancy occurs on the subject post or when the post itself is created. No doubt, a right to be considered for promotion has been treated by courts not just as a statutory right but as a …
Bihar State Electricity Board vs Dharamdeo Das 2024 INSC 549 – Service Law – Promotion Read More »
Service Law – Principles of ‘Merit-cum-Seniority’ and ‘Seniority-cum-Merit’ summarized- The principle of ‘Seniority-cum-Merit’ postulates that: – i. Minimum requirement of merit and suitability which is necessary for the higher post can be prescribed for the purpose of promotion. ii. Comparative Assessment amongst the candidates is not required. iii. Seniority of a candidate is not a …
Summary: Writ Petition filed by the respondent praying inter alia for being appointed to the post of Shikshan Sevak in the appellant School was allowed by the High Court and the appellants were directed to ensure that he is appointed to the subject post on or before 31st December, 2009, in accordance with law – …
Sant Bhagwan Baba Shikshan Mandal vs Gunwant 2024 INSC 405 – Service Law Read More »
Service Law– As per service jurisprudence, the employment is terminated from the date on which the letter of resignation is accepted by the appropriate authority. (Para 21) Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977; Section 7- Mere noncommunication of acceptance of resignation to the employee would not render the termination invalid- …
Service Law – Regularization – Despite being appointed for what was termed a temporary or scheme-based engagement, the appellants have been continuously working in these positions from 1992 till the present, spanning a period exceeding 25 years- The Tribunal’s judgment negated the appellants’ plea for regularization and absorption into the posts of ‘Accounts Clerk’ against …
Service Law- Change of date of birth in service records – (i) application for change of date of birth can only be as per the relevant provisions/regulations applicable; (ii) even if there is cogent evidence, the same cannot be claimed as a matter of right; (iii) application can be rejected on the ground of delay …
Constitution of India, 1950; Article 226 – Service Law – Transfer Orders – The scope of judicial review is only available when there is a clear violation of statutory provision or the transfer is persuaded by malafide, non-observation of executive instructions does not confer a legally enforceable right to an employee holding a transferable post- …
Service Law – Service jurisprudence must begin and end with rules that govern the process of qualification, recruitment, selection, appointment and conditions of service. Appointments to these posts are in the nature of ‘status’, which means that the service and its conditions can be unilaterally changed by the amendment of the Rules. The first duty …
Vidya K vs State Of Karnataka 2024 INSC 137 :: [2024] 2 S.C.R. 713- Service Law Read More »