Category: Service

Service Matters

Provision of review is not to scrutinize the correctness of the decision rendered rather to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed HELD new stand for the payment of salary to teachers’ subject-wise, unsustainable in law and is accordingly set aside

SUPREME COURT OF INDIA DIVISION BENCH PANCHAM LAL PANDEY — Appellant Vs. NEERAJ KUMAR MISHRA AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj Mithal, JJ. ) Civil…

Service Matters

Employee had died on 11.08.2009 whereas the Government order is dated 16.9.2009 – Therefore, there was no chance for him to exercise any option at all – HELD the LRs would be entitled to the benefit of the Government Order dated 16.9.2009 and would be entitled to the benefit of death-cum-retirement gratuity being the heirs of the deceased employee.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND OTHERS — Appellant Vs. SMT. PRIYANKA — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

Service Matters

Rajasthan Non-Governmental Educational Institutions Act, 1989 – Section 18 – Even in case of termination/removal of an employee of a recognized institution after holding departmental enquiry/proceedings prior approval of the Director of Education has to be obtained as per first proviso to Section 18 of the Act, 1989.

SUPREME COURT OF INDIA DIVISION BENCH GAJANAND SHARMA — Appellant Vs. ADARSH SIKSHA PARISAD SAMITI AND OTHERS — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Civil…

Service Matters

Central Civil Services (Pension) Rules, 1972 – Rule 54(14)(b) – Family pension – A son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, could not be included within the definition of ‘family’ under Rule 54(14)(b) of the CCS (Pension) Rules, not entitled to family pension

SUPREME COURT OF INDIA DIVISION BENCH SHRI RAM SHRIDHAR CHIMURKAR — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : K.M. Joseph and B.V. Nagarathna, JJ. )…

Service Matters

If it is found that the employee had suppressed or given false information in regard to the matters having a bearing on his fitness or suitability to the post, he can be terminated from service. – the scope of judicial review cannot be extended to the examination of correctness or reasonableness of a decision of authority as a matter of fact.

SUPREME COURT OF INDIA DIVISION BENCH EX-CONST/DVR MUKESH KUMAR RAIGAR — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ajay Rastogi and Bela M. Trivedi, JJ.…