Service Law– Final seniority list of Junior Engineers set aside by High Court – Allowing appeal, SC upheld the list and observed: The blatant error committed by the Division Bench of the High Court is that upgraded Sectional Officer, Grade-I, are directed to be given seniority in the cadre of Junior Engineers from a date …
Mhabemo Ovung vss M Moanungba 2024 INSC 641 – Service Law Read More »
Summary: Central Administrative Tribunal, Ahmedabad rejected application preferred by the appellant with a prayer that the respondents be directed to regularise her services in the Group ‘D’ post – High Court upheld this order – Allowing appeal, SC observed: Keeping in view the fact that an employee similarly placed but inducted in service after nearly …
Ushaben Joshi vs Union Of India 2024 INSC 624 – Service Law Read More »
Service Law -In any institution incentives may be given to a particular category of employees to get higher qualifications during service, considering their job requirements. Merely because different set of employees, who may be working in aid but governed by different set of rules and having different duties to discharge also obtain that qualification, will …
Indian Council Of Agricultural Research vs Rajinder Singh 2024 INSC 622 – Service Law Read More »
Summary: Whether the appellants herein, despite being classified as temporary employees of a scheme managed by contributory pooling of funds, can claim entitlement to pensionary benefits in accordance with the 6th CPC? SC Held: The denial of pensionary benefits solely on the basis of their temporary status, without due consideration of these factors, appears to …
University – University, being a statutory body, any such conduct would tantamount to an arbitrary and unreasonable exercise of power, apart from being unfair. The discretion vested in the Executive Council should be exercised in a fair and non- arbitrary manner. It cannot be based on the whim and caprice of the decision-making authority. If …
Maitreyee Chakraborty vs Tripura University 2024 INSC 616 – Service Law Read More »
Gujarat Civil Services (Pay) Rules, 2002; Rule 21-The Rule of stepping up shall apply only if the conditions specified therein are fulfilled. Specifically, condition no. (v) of Rule 21 stipulates that the anomaly must be the direct result of the application of this rule. (Para 31)
Service Law – Any decision taken by the State Government to reduce an employee’s pay scale and recover the excess amount cannot be applied retrospectively and that too after a long time gap. (Para 21)
Service Law – Distinction between re-designation and regular appointment – Redesignation cannot be said to be a regular appointment as it is only that one post/category/cadre which is given equivalence with another existing post/category/cadre – Whenever a Scheme/Policy is brought into force, ceteris paribus, the Court could not and would not import something which is …
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 »