Service Archives - Page 18 of 81 - Supreme Court of India Judgements

Compassionate Appointment – HELD in the facts and circumstances of the case, the department rightly appointed the respondent’s daughter on the post of Assistant Meter Reader considering her qualification at the time of making the application for compassionate appointment.

Oct 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DELHI JAL BOARD — Appellant Vs. NIRMALA DEVI — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal N0. 7047…

Service

Service Law – Family pension – Deceased-husband of appellant being a member of the work charged establishment, was not entitled to pension as he could not be treated at par with the regular employees.

Oct 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNITA BURMAN — Appellant Vs. THE COMMISSIONER, M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…

Service

Service Law – 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.

Oct 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SATISH CHANDRA YADAV — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Surya Kant and J.B. Pardiwala, JJ. ) Civil…

Service

Service Law – Leave encashment is part of the salary –

Oct 9, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH JAGDISH PRASAD SAINI AND OTHERS — Appellant Vs. STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI. and S.…

Compassionate Appointment Service

Compassionate Appointment – The object is not to give a member of such family a post much less a post for post held by the deceased – respondent a married daughter her elder sister application for appointment already dismissed HELD respondent not dependent on her mother so claim for appointment on death of mother rejected.

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE STATE OF MAHARASHTRA AND ANOTHER — Appellant Vs. MS. MADHURI MARUTI VIDHATE (SINCE AFTER MARRIAGE SMT. MADHURI SANTOSH KOLI) — Respondent ( Before…

Service

In a case where it is found that the enquiry is not conducted properly and/or the same is in violation of the principles of natural justice, in that case, the Court cannot reinstate the employee as such and matter should be remanded to the Disciplinary Authority to conduct the enquiry from the stage it stood vitiated.

Sep 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH THE INSPECTOR OF PANCHAYATS AND DISTRICT COLLECTOR, SALEM — Appellant Vs. S. ARICHANDRAN AND OTHERS — Respondent ( Before : M.R. Shah and Krishna…

Service

Tribunal and the High Court have not committed any error in directing the Department to call for a review meeting of the Screening Committee to re-assess the suitability of the respondent for the purpose of grant of SAG and while doing so to exclude the ACR for the year 2007-2008.

Sep 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH UNION OF INDIA AND OTHER — Appellant Vs. G.R. MEGHWAL — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Civil Appeal…

Service

Denial of pension is a continuing wrong – HELD settled law that when financial rules framed by the Government such as Pension Rules are capable of more interpretations than one, one favouring employee be taken.

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH STATE OF RAJASTHAN AND OTHERS — Appellant Vs. O.P. GUPTA — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Special Leave…

Service

HELD calculate terminal benefits as are payable to the appellants on the basis of the orders passed by the learned CAT dated 26th May 2008 and 7th July, 2010. The order of CAT was never challenged by UOI..

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH R.D. KAUSHAL AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : B.R. Gavai and Pamidighantam Sri Narasimha, JJ.…

Service

Mistake of State who issued impugned circular – State was not justified in ordering recovery of the excess amount paid with interest, more particularly, when it is reported that some of the doctors/dentists – members of the association have retired on attaining the age of superannuation and the recovery shall be from their pension/pensionary benefits.

Sep 4, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH M.P. MEDICAL OFFICERS ASSOCIATION — Appellant Vs. THE STATE OF MADHYA PRADESH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna,…

Compassionate Appointment – HELD in the facts and circumstances of the case, the department rightly appointed the respondent’s daughter on the post of Assistant Meter Reader considering her qualification at the time of making the application for compassionate appointment.

Service Law – Family pension – Deceased-husband of appellant being a member of the work charged establishment, was not entitled to pension as he could not be treated at par with the regular employees.

Service Law – 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.

Service Law – Leave encashment is part of the salary –

Tribunal and the High Court have not committed any error in directing the Department to call for a review meeting of the Screening Committee to re-assess the suitability of the respondent for the purpose of grant of SAG and while doing so to exclude the ACR for the year 2007-2008.

Denial of pension is a continuing wrong – HELD settled law that when financial rules framed by the Government such as Pension Rules are capable of more interpretations than one, one favouring employee be taken.

HELD calculate terminal benefits as are payable to the appellants on the basis of the orders passed by the learned CAT dated 26th May 2008 and 7th July, 2010. The order of CAT was never challenged by UOI..

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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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