Service Archives - Page 12 of 87 - Supreme Court of India Judgements

January 15, 2026 6:10 am

Forfeiture of gratuity – Compulsory retirement; removal from service which shall not be a disqualification for future employment and dismissal which shall ordinarily be a disqualification for future employment are distinct and separate punishments – Act of forfeiture of gratuity is not envisaged as the provisions are silent on the aspect of forfeiture in case of compulsory retirement.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JYOTIRMAY RAY — Appellant Vs. THE FIELD GENERAL MANAGER, PUNJAB NATIONAL BANK AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan,…

Service

HELD clearly of the view that the manner in which the applicants have been denied empanelment for the post of Colonel on a selection basis is arbitrary. Besides being violative of the fundamental principles of fairness embodied in Article 14 of the Constitution, the whole approach has been contrary to both the judgment of this Court in Nitisha as well as the applicable policy framework laid down by the Army authorities.

Nov 12, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH NITISHA AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud, CJI., J.B. Pardiwala and…

Service

Service Law – Appointment – Post of Village Development Officers – A candidate/applicant has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by the recruiting authority – Advertisement clearly specified the essential qualification was a Course of Computer Concept Certificate – Appellants despite opportunity to appear to show such equivalence, having failed to do so, nothing survives on this count – Appeal dismissed.

Nov 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUDHIR SINGH AND OTHERS — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. )…

Service

Kerala Irrigation Engineering Service Special Rules, 2010 – Challenge to antedating of a seniority list – Not find that any case has been made out for interference in appeal for the reason that appellant has not been able to demonstrate that for the purpose of promotion from the post of Assistant Engineer to that of Assistant Executive Engineer, he was likely to be affected by antedating the date of promotion of the private respondents as separate quotas had been prescribed for promotion to the next higher post for the categories of Graduate Engineers and Diploma Holders

Nov 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH C. ANIL CHANDRAN — Appellant Vs. M.K. RAGHAVAN AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Civil Appeal…

Service

Tamil Nadu Special Police Subordinate Service Rules, 1978 – Rule 14(b) – Appointment – Post of Police Constable – Suppression of information – A candidate for recruitment to a disciplined force, the non-disclosure of the information of his involvement in the criminal case and subsequent acquittal therefrom cast a serious doubt upon his character and the antecedents which is sufficient enough to disentitle him from employment – Candidate not disclosed the complete information with regard to his involvement in a criminal case, wherein he might have been acquitted earlier even before verification, he cannot escape the guilt of suppressing the material information – Candidate not be entitled to appointment.

Oct 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR GENERAL OF POLICE TAMILNADU, MYLAPORE — Appellant Vs. J. RAGHUNEES — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ.…

Service

Dismissal of candidature as Assistant Engineer he was colour blind – Colour vision deficiency is neither impairment of vision and in that sense falling within the disability spectrum calling for treatment under the Rights of Persons with Disabilities Act, 2016 nor is it of such condition as to bar sufficiently qualified persons’ entitlement to be employed in an organization that can accommodate educational attainments and talents – HELD Corporation is directed to appoint and continue the appellant in its service, as AE (Electrical) at the appropriate stage of the grade of pay, from the date he was terminated from service, or his appointment was cancelled

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHAMED IBRAHIM — Appellant Vs. THE CHAIRMAN AND MANAGING DIRECTOR AND OTHERS — Respondent ( Before : S. Ravindra Bhat and Aravind Kumar, JJ.…

Service

Service Law – Claim of benefits – Delay and laches – – Where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay in seeking remedy -But if the claim involved issues relating to seniority or promotion, etc., affecting others, delay would render the claim stale and doctrine of laches/limitation will be applied – Insofar as the consequential relief of recovery of arrears for a past period is concerned, the principles relating to recurring/successive wrongs will apply

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BICHITRANANDA BEHERA — Appellant Vs. STATE OF ORISSA AND OTHERS — Respondent ( Before : Vikram Nath and Ahsanuddin Amanullah, JJ. ) Civil Appeal…

Service

Service Law – Appointment – Selection process – It is entirely the prerogative of the employer, after applications are received from interested candidates or names of registered candidates are sponsored by the Employment Exchanges for public employment, to decide whether any such candidate intending to participate in the selection process is eligible in terms of the statutorily prescribed rules for appointment and also as to whether he ought to be allowed to enter the zone of consideration, i.e., to participate in the selection process

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. UZAIR IMRAN AND OTHERS — Respondent ( Before : Bela M. Trivedi and Dipankar Datta, JJ. ) Civil…

Service

Employees Provident Funds and Miscellaneous Provisions Act, 1952 – Section 7-A – Determination of dues payable – Mere fact that two Institutes, managed and controlled by the same management, offer different courses or were established at different times is not relevant for their clubbing under the EPF Act – Issue raised in the present appeal is not regarding the calculation of dues under the EPF Act, rather it is regarding the coverage of the EPF Act by clubbing of two Institutes – Appeal dismissed

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M/S MATHOSRI MANIKBAI KOTHARI COLLEGE OF VISUAL ARTS — Appellant Vs. THE ASSISTANT PROVIDENT FUND COMMISSIONER — Respondent ( Before : Hima Kohli and…

Service

Service benefits – Deceased employee had attained the age of superannuation on 31.07.1991, whereas the chargesheet was issued to him on 07.12.1991 – Meaning thereby that on the date of his superannuation, no disciplinary proceeding was pending against him – This Court set aside the punishment order inflicted on the deceased employee, all the service benefits due to him along with interest @ 7% per annum from the date of his retirement till the payment is made, shall be paid by the appellant-Bank to his legal heirs within a period of three months.

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UCO BANK AND OTHERS — Appellant Vs. M.B. MOTWANI (DEAD) THR. LRS. AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal,…

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Arbitration

Arbitration and Conciliation Act, 1996 — Sections 5, 34, and 37 — Scope of Judicial Intervention — Minimum intervention of judicial authority in domestic arbitration matters is required under Section 5 — Challenge to an arbitral award under Section 34 is limited to specific grounds, including patent illegality or conflict with the public policy of India — Scope of interference by the Appellate Court under Section 37 is akin to and cannot travel beyond the restrictions laid down under Section 34 — Appellate Court cannot undertake an independent assessment of the merits of the award or re-interpret contractual clauses if the interpretation by the Arbitral Tribunal was a plausible view and upheld under Section 34 — Setting aside an arbitral award under Section 37, which was upheld under Section 34, based on providing a different interpretation of contractual clauses is unsustainable in law. (Paras 24, 25, 30, 31, 36, 37, 39, 50, 51)

Jan 11, 2026 sclaw

Limitation

Limitation Act, 1963 — Article 54 — Suit for specific performance — Commencement of limitation period — Where the defendant subsequently executed an affidavit ratifying the agreement to sell and conveying no-objection to the transfer, the period of limitation commences from the date of the admitted affidavit, as this is the stage at which the executant finally refused to execute the sale deed to the extent of her share — Trial court and High Court erred in dismissing the suit on the ground of limitation calculated from an earlier disputed date. (Paras 13, 35, 36, 37)

Jan 11, 2026 sclaw

Arbitration

Arbitration and Conciliation Act, 1996 — Section 9(2) read with Rule 9(4) of 2001 Rules — Setting aside High Court judgment — High Court erroneously treated the date of filing of the Section 11 petition (28.06.2024) as the commencement date, leading to the conclusion that proceedings commenced beyond the statutory period — Where the arbitration notice was served (on 11.04.2024) well within the 90-day period from the ad-interim injunction order (17.02.2024), proceedings commenced in time as per Section 21 — High Court’s finding unsustainable, resulting in the restoration of the Trial Court’s initial ad-interim injunction order. (Paras 28, 31, 32) E. Arbitration and Conciliation Act, 1996 — Section 9 — Interim injunction — Dispute regarding existence

Jan 11, 2026 sclaw

Corporate

Motor Vehicles Act, 1988 — Section 2(28) — Definition of “motor vehicle” — Components — Definition has two parts: an inclusive part (mechanically propelled vehicle adapted for use upon roads) and an exclusive part — The second part expressly excludes “a vehicle of a special type adapted for use only in a factory or in any other enclosed premises” — Although Dumpers, Loaders, etc., may fall under the first part of the definition, they are excluded if their nature of use is confined to factory or enclosed premises, being special type vehicles/Construction Equipment Vehicles. (Paras 36, 37, 38, 39)

Jan 11, 2026 sclaw

Category: Service

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