Category: Service

Service Matters

A writ of certiorari, being a high prerogative writ, should not be issued on mere asking – Supreme Court explained that a court which has jurisdiction over a subject matter has jurisdiction to decide wrong as well as right, and when the Legislature does not choose to confer a right of appeal against that decision, it would be defeating its purpose and policy if a superior court were to rehear the case on the evidence and substitute its own finding in certiorari

SUPREME COURT OF INDIA DIVISION BENCH CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC SCIENCES & ANOTHER — Appellant Vs. BIKARTAN DAS AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y.…

Service Matters

Jammu and Kashmir Civil Service Regulations, 1956 – Article 77­D – Claim for Pay Protection – High Court was erroneous when it came to the conclusion that the appellant was not appointed on a substantive basis and, therefore, she does not satisfy the criteria laid down by Article 77­D – Benefit of pay protection granted.

SUPREME COURT OF INDIA DIVISION BENCH  ASMA SHAW — Appellant Vs. THE ISLAMIA COLLEGE OF SCIENCE AND COMMERCE SRINAGAR KASHMIR AND OTHERS — Respondent ( Before : Abhay S. Oka…

Service Matters

Army Act, 1950 – Sections 39(b) and 63 – Dismissal from Service – Army driver – Unauthorizedly absent for 108 days – Habitual offender -One must be mindful of the fact that discipline is the implicit hallmark of the Armed Forces and a non-negotiable condition of service – Order dismissal from Service upheld.

SUPREME COURT OF INDIA DIVISION BENCH EX SEPOY MADAN PRASAD — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. )…

Service Matters

Re-instatement – Back wages – The appellant established unemployment at least until August 1997 – Based on the salary figures provided, the appellant’s gross salary on the date of reinstatement was Rs. 18,830, while it was approximately Rs. 4,000 per month at the time of removal – An amount of Rs.3 lakhs is ordered to be paid to the appellant in lieu of back wages.

SUPREME COURT OF INDIA DIVISION BENCH RAMESH CHAND — Appellant Vs. MANAGEMENT OF DELHI TRANSPORT CORPORATION — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil…

Service Matters

Employees Compensation – Death in accident – Relationship of employer and employee has not been proved before the Commissioner – Same being the basic requirement to be fulfilled for claiming compensation under the Employees Compensation Act, 1923, the appellants may not be entitled to receive any compensation.

SUPREME COURT OF INDIA DIVISION BENCH SHANTABAI ANANDA JAGTAP AND ANOTHER — Appellant Vs. JAYRAM GANPATI JAGTAP AND ANOTHER — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Service Law – Compassionate appointment – If the monthly income is less than 60% of the total emoluments (which the deceased was drawing at the time of death) less Tax @ 15% (if the income is more than Rs. 10,000/- p.m.) the case for compassionate appointment can be considered

SUPREME COURT OF INDIA DIVISION BENCH BANK OF BARODA AND OTHERS — Appellant Vs. BALJIT SINGH — Respondent ( Before : B.V. Nagarathna and Manoj Misra, JJ. ) Civil Appeal…

Service Matters

Punjab Civil Services Rules, 1934 – Rule 3.26(d) – Punjab Police Rules, 1934 – Rule 8.18 – Compulsory retirement – Personnel having such remarks being compulsorily retired as per the statutory provisions under the Punjab Civil Services Rules, 1934, in the instant facts, is not an action this Court would like to interdict.

SUPREME COURT OF INDIA DIVISION BENCH AISH MOHAMMAD — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent; R1: STATE OF HARYANA; R2: DIRECTOR GENERAL OF POLICE (HARYANA), PANCHKULA; R3:…

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