Service Archives - Page 34 of 82 - Supreme Court of India Judgements

March 12, 2025 9:31 pm

Service Law – Respondent is a club in strict sense and not public, ‘restaurant and eating place’ the conclusion appears to be inevitable that the respondent club cannot be characterized as premises which was ‘wholly or principally’ used for the business of supply of meals and refreshment to the public. In the first place as already noticed, the members of the Club and their guests and family members cannot be described as the ‘public’ . HELD There is no finding also that the club was providing lodging. In such circumstances, the question that should have been asked was, whether, being a club, which was not residential in nature, it stood exempted. This was not done. Appeal dismissed.

Oct 30, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P.B. NAYAK AND OTHERS — Appellant Vs. MANAGING DIRECTOR, BHILAI STEEL PLANT AND OTHERS — Respondent ( Before : K.M Joseph and Pamidighantam Sri…

Service

Service Law – Selection – HELD determining the legality of the selection list and perusing the entire selection list to determine whether the selection of the appellant was arbitrary was erroneous as the Division Bench transgressed the limits of challenge in the writ petition – Impugned judgment and order of High Court set aside – Appeal allowed.

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRI SRINIVAS K GOUDA — Appellant Vs. KARNATAKA INSTITUTE OF MEDICAL SCIENCES AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Service

Rajasthan Panchayati Raj Act, 1994 – Section 91(3) – Rajasthan Services Rules, 1951 – Rule 86 – Termination – HELD Single Judge erred in entertaining the petition in the year 2012 challenging the order of termination passed in the year 1996, on the ground of delay and laches and more particularly when even otherwise if the termination order would not have been passed the deceased employee would have retired on attaining the age of superannuation in the year 1999.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF RAJASTHAN AND OTHERS — Appellant Vs. SURJI DEVI — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. ) Civil…

Service

Part-time temporary employees in a Government run institution cannot claim parity in salary with regular employees of the Government on the principle of equal pay for equal work – Regularization can be only as per the regularization policy declared by the State/Government and nobody can claim the regularization as a matter of right dehors the regularization policy

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. ILMO DEVI AND ANOTHER — Respondent ( Before : M.R. Shah and A.S. Bopanna, JJ. )…

Service

Service Law – HELD Firstly, the first appellant found that the respondent is not suitable for re-appointment, which was approved by the other authorities. Therefore, the employer has taken a conscious decision in the interest of the society. Secondly, it is not a case of extension in which case maybe the confirmation by “ACC” would have been warranted. We may also note that all the appellants, including the Hon’ble Minister, have approved the subsequent decision to go for a fresh recruitment by taking note of the larger public interest.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. N MURUGESAN ETC. — Respondent ( Before : Sanjay Kishan Kaul and M.M. Sundresh, JJ. )…

Service

HELD the grievance of the respondent is not sustainable for the reason that the post of Assistant Public prosecutor is included in the Schedule appended to the Uttar Pradesh Transport (Subordinate) Prosecution Service Rules, 1979 (for short ‘the 1979 Rules’) which was published in the extraordinary Gazette on 27.07.1979 and in terms of Rule 5 of the 1979 Rules. Appeal Allowed

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND ANOTHER — Appellant Vs. SHYAM LAL JAISWAL — Respondent ( Before : Ajay Rastogi and Abhay S. Oka, JJ. )…

Service

If a person is acquitted giving him the benefit of doubt, from the charge of an offence involving moral turpitude or because the witnesses turned hostile, it would not automatically entitle him for the employment -HELD It is clear the respondent who wishes to join the police force must be a person of utmost rectitude and have impeccable character and integrity – A person having a criminal antecedents would not be fit in this category

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. METHU MEDA — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

Service

Only issue which is required to be considered is whether the arrears ought to have been restricted to three years preceding the filing of the writ petition? Every time the teachers were not supposed to approach the appropriate authority for getting the benefit as and when there is a revision of pay as per the pay commission recommendations. Appeal dismissed

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KERALEEYA SAMAJAM AND ANOTHER — Appellant Vs. PRATIBHA DATTATRAY KULKARNI (DEAD) THROUGH LRS AND OTHERS — Respondent ( Before : M.R. Shah and A.S.…

Service

HELD upper age limit as directory would be conferring unbridled power in the executive to choose persons of their choice by relaxing the age beyond 35 years. In such case, the provision would have to be declared as unconstitutional – High Court has correct in opinion that 35 years is the upper age limit for appointment as Rehbar-e-Taleem (Recruitment of teachers in primary schools across the state of Jammu and Kashmir) scheme and cut-off date was not eligible for appointment.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JAMMU AND KASHMIR AND OTHERS — Appellant Vs. SHAHEENA MASARAT AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

Service

Held, In the absence of the recommendations made by the review selection committee pursuant to which the appointments were made by notifications, being challenged, there was no justification for the High Court to pass such omnibus directions more particularly when the officer on whose insistence the writ petition was filed, stood retired from service in November 1996 on attaining the age of superannuation – Impugned order passed by High Court is unsustainable

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA, THROUGH THE SECRETARY MINISTRY OF ENVIRONMENT AND FOREST — Appellant Vs. TRILOK S. BHANDARI AND OTHERS — Respondent ( Before :…

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Category: Service

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