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 »
Service Law – Withdrawal Of Resignation – In the absence of anything contrary in the provisions governing the terms and conditions of the office or post and in the absence of any legal contractual or constitutional bar, a prospective resignation can be withdrawn at any time before it becomes effective – the prospective or intending …
Pension – Pension is earned by a government servant in lieu of tireless service rendered by him / her (as the case may be) during the course of their employment; and often is an important consideration for person(s) seeking government employment -Raison d’etre qua the grant of pension by the State Government would inextricably be …
Summary: HC reversed the promotion of some persons on the post of Under Secretary on the ground that their promotion was in violation of the Council of Scientific and Industrial Research Administrative Services (Recruitment & Promotion) Rules, 1982 – Appeal dismissed.
The benefit of a personal/promotional pay scale was granted to the appellants by the State of Uttarakhand. The said benefit was withdrawn under a subsequent decision of the State of Uttarakhand. – Order to recover benefits from the appellants who have superannuated was challenged before High Court which dismissed it – Supreme Court dismissed appeal …
Dr. Balbir Singh Bhandari vs State of Uttarakhand 2024 INSC 29 – Service Law Read More »
Summary: Appellants were appointed as Assistant Teachers at the Junior High School, Bahorikpur, Maharajganj, District Jaunpur, U.P- From October, 2005, abruptly their salaries were stopped – Writ petition challenging this was dismissed by Allahabad HC – Appeals allowed by Supreme Court with direction that the State shall pay the salaries of the appellants for the …
Radhey Shyam Yadav vs State Of UP 2024 INSC 7 – Service Law Read More »
Armed Forces Tribunal Act, 2007; Section 14 – A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – Although, it cannot be questioned that disputes in respect of promotions and/or filling up of vacancies is within the jurisdiction of the Tribunal, …
Jawaharlal Nehru Krishi Vishwavidyalaya Statute, 1964 ; Statute 32- Appellant, who was discharging the duties of a PTI/Sports Officer, would fall within the definition of a “teacher” and would have been entitled to be continued in service till completion of 62 years of age – The word “teacher” encompasses one who is enjoined to impart …