Category: Service

Service Matters

Service Law — Retirement Age and the applicability of regulatory amendments in private, minority educational institutions affiliated with state universities — State-Specific Regulations Prevail — The court held that when a state government has not adopted amended regulations increasing the superannuation age, such amendments do not automatically apply to institutions within that state, even if they are governed by central regulatory bodies like AICTE and UGC.

2024 INSC 938 SUPREME COURT OF INDIA DIVISION BENCH P.J. DHARMARAJ — Appellant Vs. CHURCH OF SOUTH INDIA AND OTHERS — Respondent ( Before : Vikram Nath and Prasanna B.Varale,…

Service Matters

The main issue is whether the eligibility criteria requiring AICTE approval for diplomas is valid, given the Supreme Court’s previous ruling that universities do not need AICTE approval for technical courses —The petitioners argued that the eligibility criteria were inconsistent with the Supreme Court’s ruling and that they were unfairly excluded from the recruitment process —The respondents contended that the recruitment process was conducted according to the existing rules and that the petitioners were bound by the doctrine of acquiescence —The Supreme Court directed the Bihar Technical Service Commission to prepare a fresh select list of meritorious candidates, considering the previous High Court order and the AICTE’s stance —The Court found that changing the eligibility criteria after the selection process was completed was impermissible and that the petitioners had a legitimate right to be considered — The appeals were disposed of with directions to prepare a revised select list within three months, ensuring that eligible candidates are considered fairly.

2024 INSC 763 SUPREME COURT OF INDIA DIVISION BENCH SHASHI BHUSHAN PRASAD SINGH — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : Bela M. Trivedi…

Prevention of Corruption Act, 1988 — Sections 13(1) and 13(1)(d) — The respondent, an Income Tax officer, was denied promotion due to pending criminal charges and a sealed cover procedure was adopted — Whether the mere grant of prosecution sanction constitutes pending criminal charges, justifying the sealed cover procedure — Petitioner argue that the prosecution sanction implies pending criminal charges, warranting the sealed cover procedure — Respondent states that no criminal charges were pending at the time of the DPC meeting, making the sealed cover procedure unjustified —The Supreme Court upheld the High Court’s decision, rejecting the sealed cover procedure as the charge sheet was filed after the DPC meeting —The prosecution for criminal charges is considered pending only after a charge sheet is issued — The appeal was dismissed, and the respondent was found fit for promotion.

2024 INSC 729 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. DOLY LOYI — Respondent ( Before : Sandeep Mehta and R. Mahadevan, JJ.…

Service Matters

NDMC contended that DSGMC’s closure of the school without approval made DSGMC responsible for the staff’s pay and benefits — The Supreme Court dismissed DSGMC’s appeals, upheld the High Court’s decision, and directed NDMC to pay the remaining dues to the staff — The closure was invalid as it lacked prior approval, making DSGMC responsible for the staff’s pay and benefits — Rule 46 of the Delhi Education Rules requires prior approval for school closure, which DSGMC did not obtain —

2024 INSC 635 SUPREME COURT OF INDIA DIVISION BENCH NEW DELHI MUNICIPAL COUNCIL AND ANOTHER — Appellant Vs. MANJU TOMAR AND OTHERS — Respondent ( Before : Hima Kohli and…

Service Matters

Service Law — Employment — Caste Certificate — The court cannot question the validity of caste certificates issued by the competent authority after following the due process of law, even if the caste is later de-scheduled or de-notified – The court cannot alter or amend the Presidential Orders issued under Articles 341 and 342 of the Constitution of India, as it has no power to do so within the meaning, content, and scope of these articles.

2024 INSC 634 SUPREME COURT OF INDIA DIVISION BENCH K. NIRMALA AND OTHERS — Appellant Vs. CANARA BANK AND ANOTHERS — Respondent ( Before : Hima Kohli and Sandeep Mehta,…

Service Matters

Service Law — Pension — Pension entitlement — The court clarified that only those UPSRTC employees who were absorbed from the State Government and held permanent posts prior to their absorption in the UPSRTC are entitled to pension — This means that employees who were not holding any pensionable post prior to their deputation or absorption in the corporation are not entitled to pension.

SUPREME COURT OF INDIA DIVISION BENCH UP ROADWAYS RETIRED OFFICIALS AND OFFICERS ASSOCIATION — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Hrishikesh Roy and Prashant…

Service Matters

Gujarat Civil Services (Pay) Rules, 2002 — Rule 21 — Stepping up of a pay of Government Employee on the basis of the pay of his junior — Whether the principle of stepping up the pay of an employee based on the pay of a junior applies when the appellants are on a lesser pay scale than Assistant Professors appointed before them as ad hoc lecturers and subsequently regularized — Whether Rule 21 of the 2002 Pay Rules applies to the appellants’ situation, where juniors are paid more due to their ad hoc services being counted for Senior Scale/Selection Grade — The appellants argued that they are entitled to pay parity with their juniors under Rule 21, as they belong to the same cadre and the anomaly in pay is due to the application of the rule — The respondents contended that Rule 21 does not apply as the anomaly is not a direct result of the rule but due to the juniors’ ad hoc services being counted — The Supreme Court dismissed the appeals, holding that Rule 21 is inapplicable as the anomaly is not a direct result of the rule — The court reasoned that granting the appellants’ request would result in inequity, as they would benefit from years of service they did not render — The appeals were dismissed, and Rule 21 was deemed inapplicable in this case.

2024 INSC 608 SUPREME COURT OF INDIA DIVISION BENCH MAHESHKUMAR CHANDULAL PATEL AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT AND OTHERS — Respondent ( Before : Vikram Nath…

Service Matters

Career Advancement Scheme (CAS) eligibility — The Court clarified that the benefits of CAS are not automatically granted to all Assistant Professors — Instead, eligibility is subject to fulfilling certain conditions, including completion of a specific number of years of service after “regular appointment” — The Court held that redesignation from one post to another does not automatically qualify as “regular appointment”.

2024 INSC 581 SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN AGRICULTURAL UNIVERSITY, BIKANER, THROUGH ITS REGISTRAR — Appellant Vs. DR. ZABAR SINGH SOLANKI AND OTHERS — Respondent ( Before :…

Service Matters

Service Law — Removal from Service — Respondent appointed as Inspector in 1960 and later as Assistant Registrar, faced multiple charges of misconduct, including unauthorized appointments and financial irregularities —The main issue was whether the disciplinary proceedings and the subsequent removal of from service were justified —The State of Rajasthan argued that respondent’s actions demonstrated insubordination and financial misconduct, justifying his removal — Respondent contended that the disciplinary proceedings were flawed and that there was no substantial evidence to support the charges against him —Supreme Court quashed the High Court’s decision, reinstating the removal order against respondent —The Court found that the disciplinary proceedings were conducted fairly and that there was sufficient evidence to support the charges —The Court emphasized that it is not the role of the High Court to reappraise evidence in disciplinary matters unless there is a clear violation of natural justice —The Supreme Court restored the removal order, finding no procedural impropriety or lack of evidence in the disciplinary proceedings.

2024 INSC 592 SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF RAJASTHAN AND OTHERS — Appellant Vs. BHUPENDRA SINGH — Respondent ( Before : Hima Kohli and Ahsanuddin Amanullah,…