Service Archives - Page 14 of 81 - Supreme Court of India Judgements

Service Law – Post-retirement benefits – Where employment is based on a fake community certificate the law is settled that post-retirement benefits cannot be granted

Mar 21, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R SUNDARAM — Appellant Vs. THE TAMIL NADU STATE LEVEL SCRUTINY COMMITTEE AND OTHERS — Respondent ( Before : Aniruddha Bose and Krishna Murari,…

Service

Orissa Khadi and Village Industries Board Regulations, 1960 – Under Article 142 of the Constitution of India, Court cannot issue directions in violation of the statutory provisions; and sympathy or sentiment, by itself, cannot be a ground for passing an order beyond and contrary to the legal rights

Mar 21, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ORISSA AND ANOTHER — Appellant Vs. ORISSA KHADI AND VILLAGE INDUSTRIES BOARD KARMACHARI SANGH AND ANOTHER — Respondent ( Before : Dinesh…

Service

Maharashtra Municipal Corporation Act, 1949 – Constitution Article 243Q(2) – protects their service rendered by them in the local authority before the appointed day and further provides that it shall be considered as service rendered in the Municipal Corporation itself. Given the existence of this unambiguous provision, the only logical conclusion is that the service rendered by Respondent Nos. 5 to 79 in the ZP has to be treated as service rendered in the PMC. Such service, therefore, has to be counted towards the determination of their seniority as well.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MAHARASHTRA RAJYA PADVIDHAR PRATHAMIK SHIKSHAK VA KENDRA PRAMUKH SABHA — Appellant Vs. PUNE MUNICIPAL CORPORATION AND OTHERS — Respondent ( Before : Surya Kant…

Service

HELD Home Guards shall be entitled to the periodical rise which may be available to the Police personnel of the State and the DCA to be paid to the Home Guards be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time. The present appeals stand disposed in terms of the above.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PRAKASH KUMAR JENA AND OTHERS — Appellant Vs. THE STATE OF ODISHA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh,…

Service

Maharashtra Forest Service, Group A (Junior Scale) (Recruitment) Rules, 1998 – Rules 3B and 6 – Rules 3B and 6 of the 1988 Rules also leave no ambiguity in this behalf and in fact read in consonance and the period of probation has to be necessarily excluded from period of service

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHOK RAM PARHAD AND OTHERS — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Abhay…

Service

Any order passed at this stage may affect number of persons and further may result in unsettling many positions which have already settled with the lapse of time. Hence, we do not find that a case is made for interference by this Court.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANOJ KUMAR JINDAL — Appellant Vs. RAJNI MAHAJAN AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal, JJ. ) Civil…

Service

Service Law – District Judges Appointment – Only 10% seats are to be filled up by limited departmental competitive examination – Any appointment beyond 10% seats filled up by limited departmental competitive examination therefore shall have to be considered appointment excess in quota.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA KUMAR SHRIVAS — Appellant Vs. STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. )…

Service

HELD not shown what transpired that made the respondents resort to Fundamental Rules 56(j) and invoke the public interest doctrine to compulsorily retire appellant with just three months of service left for retirement, in routine. Court is inclined to pierce the smoke screen and on doing so, it is firm view that the order of compulsory retirement in the given facts and circumstances of the case cannot be sustained.

Mar 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CAPTAIN PRAMOD KUMAR BAJAJ — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : A.S. Bopanna and Hima Kohli, JJ. )…

Service

An employee who has been acquitted of criminal charges does not necessarily have the right to be reinstated

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH IMTIYAZ AHMAD MALLA — Appellant Vs. THE STATE OF JAMMU AND KASHMIR AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M.…

Service

National Institute of Rural Development (Service) Bye-laws – Bye-laws 48, 49 and 50 – Pension – There is a difference between appointing a contract employee on a regular basis and regularising the services of the contract employees

Mar 5, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSTITUTE OF RURAL DEVELOPMENT — Appellant Vs. SHYAM SUNDER PRASAD SHARMA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Abhay…

Service Law – Post-retirement benefits – Where employment is based on a fake community certificate the law is settled that post-retirement benefits cannot be granted

Maharashtra Forest Service, Group A (Junior Scale) (Recruitment) Rules, 1998 – Rules 3B and 6 – Rules 3B and 6 of the 1988 Rules also leave no ambiguity in this behalf and in fact read in consonance and the period of probation has to be necessarily excluded from period of service

Any order passed at this stage may affect number of persons and further may result in unsettling many positions which have already settled with the lapse of time. Hence, we do not find that a case is made for interference by this Court.

Service Law – District Judges Appointment – Only 10% seats are to be filled up by limited departmental competitive examination – Any appointment beyond 10% seats filled up by limited departmental competitive examination therefore shall have to be considered appointment excess in quota.

An employee who has been acquitted of criminal charges does not necessarily have the right to be reinstated

National Institute of Rural Development (Service) Bye-laws – Bye-laws 48, 49 and 50 – Pension – There is a difference between appointing a contract employee on a regular basis and regularising the services of the contract employees

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High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Supreme Court of India Judgements

Category: Service

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