Category: Service

Service Matters

Alibi of employee has not been accepted but that might be plausible and considering his 25 years of long service and fortunately it was a minor accident which resulted into some loss to the vehicle and considering the fact that the employee has since died – converting the punishment of dismissal to that of compulsory retirement, death-cum-retirement benefits as also the benefit of family pension, if any, shall be paid to the legal heirs of the deceased employee in accordance with law

SUPREME COURT OF INDIA DIVISION BENCH BRIJESH CHANDRA DWIVEDI (DEAD) THR. LRS. — Appellant Vs. SANYA SAHAYAK AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

Service Matters

Argument on lack of prior approval as per Section 17(2) of the ESI Act is obviated by the preamble to the ESIC Recruitment Regulations 2015 – Contesting respondents have only supported the applicability of the DACP Scheme to claim promotion as Associate Professor after two years of service – Advertisements for recruitment mentioning the DACP Scheme would have no effect since they were in contravention of the applicable recruitment regulations – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH THE EMPLOYEES’ STATE INSURANCE CORPORATION — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S.…

Service Matters

Punjab Police Rules, 1934 – Rules 13.7, 13.7(9) and 13.7(14) – Promotion – Head Constable to Superintendent of Police (SP) – Quota of outstanding performance – Held, Recommendation of Departmental Promotion Committee (CDP) headed by the SP is final and that the IG has no power to review or substitute the decision is misconceived –

SUPREME COURT OF INDIA DIVISION BENCH SUSHIL KUMAR — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : K.M. Joseph and Pamidighantam Sri Narasimha, JJ. )…

Service Matters

Dismissal from service – Fraud and manipulating of signatures of complainant -Respondent was a clerk-cum-cashier. It is a post of confidence. The respondent breached that confidence – In fact, the respondent breached the trust of a widowed sister-in-law as well as of the bank, making it hardly a case for interference either on law or on moral grounds – Conduct established of the respondent did not entitle him to continue in service.

SUPREME COURT OF INDIA DIVISION BENCH INDIAN OVERSEAS BANK AND OTHERS — Appellant Vs. OM PRAKASH LAL SRIVASTAVA — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ.…

Service Matters

Held, When it is found that there was no fault on the part of the respondent No.4 when he was appointed in the year 2018 and thereafter, he has been continued in service since last three years, to disturb him at this stage, would not be justifiable – In exercise of the powers under Article 142 of the Constitution of India, to do the substantial justice, direct that while appointing the appellant as per the present order on the post of Assistant Professor (History), the respondent No.4 may not be disturbed and direct the State Government to continue the respondent No.4 and he be accommodated on any other vacant post of Assistant Professor (History).

SUPREME COURT OF INDIA DIVISION BENCH NARENDER SINGH — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil…

Service Matters

Bank pension scheme – Non­availability of financial resources would not be a defence available to the Bank in taking away the vested rights accrued to the employees that too when it is for their socio­economic security – It is an assurance that in their old age, their periodical payment towards pension shall remain assured – Pension which is being paid to them is not a bounty and it is for the Bank to divert the resources from where the funds can be made available

SUPREME COURT OF INDIA DIVISION BENCH THE PUNJAB STATE COOPERATIVE AGRICULTURAL DEVELOPMENT BANK LIMITED — Appellant Vs. THE REGISTRAR, COOPERATIVE SOCIETIES AND OTHERS — Respondent ( Before : Ajay Rastogi…

Service Matters

Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2015 – Rules 15(b) and 15(e) — Rule 15(b) of Recruitment Rules requires every candidate to obtain minimum 50% marks in each of the subjects and states, “candidates failing to obtain 50% marks in each of the above subjects shall not be eligible for recruitment”.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. ATUL KUMAR DWIVEDI AND OTHER — Respondent ( Before : Uday Umesh Lalit and Vineet…

Service Matters

Patna High Court holding NCCF to be “State” within the meaning of Article 12 of the Constitution of India was thus accepted by the NCCF and the appeals were consciously withdrawn. Mr. Dhingra, therefore, submits that in view of the change in the circumstances, especially in the light of withdrawal of the appeal by NCCF, liberty be granted to the petitioners to file appropriate proceedings under Article 226 of the Constitution of India to agitate and claim reliefs prayed by way of substantive prayer (b) in the instant petition. Allowed

SUPREME COURT OF INDIA DIVISION BENCH N.C.C.F. EMPLOYEES UNION (REGD) (RECOGNIZED) AND ANOTHER — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and…

Service Matters

Administrative Tribunals Act, 1985 – any decision of such a Tribunal, including the one passed under Section 25 of the Act could be subjected to scrutiny only before a Division Bench of a High Court within whose jurisdiction the Tribunal concerned falls. This unambiguous exposition of law has to be followed scrupulously while deciding the jurisdictional High Court for the purpose of bringing in challenge against an order of transfer of an Original Application from one bench of Tribunal to another bench

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. ALAPAN BANDYOPADHYAY — Respondent ( Before : A.M. Khanwilkar and C.T. Ravikumar, JJ. ) Civil Appeal No. 197…

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