Supreme Court of India Judgements

46980 Judgements hosted as on 12/12/2025 - Search (FREE), Subscribe, Read & Download

Category: Service

Service Matters
Service

Uttar Pradesh Government Servants Seniority Rules, 1991 – Rule 5 and 8 – Challenge to seniority – It is well settled that impleadment of a few of the affected employees would be sufficient compliance of the principle of joinder of parties and they could defend the interest of all affected persons in their representative capacity – Non-joining of all the parties cannot be held to be fatal

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH AJAY KUMAR SHUKLA AND OTHERS — Appellant Vs. ARVIND RAI AND OTHERS — Respondent ( Before : Dr. D.Y. Chandrachud, Vikram Nath and B.V.…

Service Matters
Service

Industrial Disputes Act, 1947 – Section 11A – Misconduct – Conductor not issue tickets to 17 passengers -The initiation of criminal proceedings against an employee or not initiating the proceedings has no bearing to prove misconduct in departmental proceedings – Order of removal from service cannot be said to be unfair and unjust in any manner which would warrant an interference at the hands of the Tribunal and the High Court – Appeal allowed.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION — Appellant Vs. GAJADHAR NATH — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

Service Matters
Service

Service Law – Regularization of Ad-hoc employees – Seniority – employees qualified typing test at the later stage, in absence of the scheme of rules in determining seniority, at least could not have a right to march over such of the employees who were appointed on substantive basis after going through the process of selection for holding regular selection and their right of seniority in no manner be relegated qua such of the ad-hoc employees

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SHYAM SUNDER OBEROI AND OTHERS — Appellant Vs. DISTRICT AND SESSION JUDGE TIS HAZARI COURT, DELHI AND OTHERS — Respondent ( Before : Ajay…

Service Matters
Service

Service Law – Back-wages – In the case of wrongful termination of service, reinstatement with continuity of service and back-wages is normal rule and the adjudicating authority to take into consideration the length of service of the employee, nature of misconduct, financial condition of the employer and similar other factors – High Court has correctly granted 50% of the back wages to the respondent.

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. RAM BAHADUR YADAV — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. )…

Service Matters
Service

Service Law – Charge of causing loss – Recovery – Whether the High Court ought to have maintained the punishment order for recovery of Rs.2,46,922.56, which was also held to be proved by the Enquiry Officer – Held, It is required to be noted that in so far as the charge of causing loss to the extent of Rs.2,46,922.56, it was held to be proved by the Enquiry Officer

Nov 28, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH FOREST CORPORATION LUCKNOW AND OTHERS — Appellant Vs. VIJAY KUMAR YADAV AND ANOTHER — Respondent ( Before : M.R. Shah and B.V.…

Service Matters
Service

An employee could be said to be suffering from stagnation as per the office order only if he possessed the requisite qualification for the next higher post and was unable to get the higher post on account of non availability of such post – Claim of the respondents based on the office order, for getting the pay scale of the next higher post – without assuming the responsibilities of the said promotional posts, was thoroughly misconceived. What they were entitled to, as per the scheme to alleviate the stagnation as contained in the office,

Nov 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE POWER CORPORATION LIMITED AND ANOTHER — Appellant Vs. BAL KRISHAN SHARMA AND OTHERS — Respondent ( Before : Uday Umesh Lalit and…

Service Matters
Service

Relaxation cannot be prayed as a matter of right – If a conscious decision is taken not to grant the relaxation, merely because Rule permits relaxation, no writ of mandamus can be issued directing the competent authority to grant relaxation in qualifying service – High Court has committed a grave error in issuing the writ of mandamus commanding the competent authority to grant relaxation in the qualifying service – Appeal allowed.

Nov 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF U.P. AND OTHERS — Appellant Vs. VIKASH KUMAR SINGH AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ…

Service Matters
Service

Without commenting on the legality of the decision to discontinue the said provision in the pension scheme by the employer, as the pensioner was not alive on the date of discontinuance – It appropriate to pass necessary orders in her favor in this proceeding itself – Resultantly, the sum due and payable under the Pension scheme be computed and the same is ordered to be disbursed to the appellant – Amount earlier refunded to the appellant be adjusted suitably during the remittance process – Respondent/ employer should do the needful in terms of this order within 8 weeks – Appeal allowed.

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  VEENA PANDEY — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil…

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Cr P C

Criminal Procedure Code (CrPC), 1973 — Section 436-A — Applicability — Undertrial detention exceeding half of maximum sentence — Section 436-A mandates release of undertrial prisoners who have undergone detention extending up to one-half of maximum period of imprisonment specified for the offence, unless further detention is ordered with reasons — Exception: This provision is explicitly inapplicable to offences for which the punishment of death has been specified as one of the possible punishments under that law. (Paras 7, 9.2, 11)

Dec 12, 2025 sclaw
Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) — Sections 8(c) read with 20(b)(ii)(C) and 29(1) — Conviction for possession of commercial quantity of ganja (23.500 kg) and conspiracy — Appeal against concurrent findings of lower courts — Absence of independent witnesses — Failure to secure independent witnesses is not fatal to the prosecution case, especially under the NDPS Act, if the testimonies of official witnesses are consistent, coherent, and credible, and no material doubt is raised in cross-examination. (Paras 12, 18, 20, 21, 22)

Dec 12, 2025 sclaw
General Insurance Service

Insurance Scheme — PMGKY Package — Requisition of Services of Private Doctors — The invocation of special laws (Epidemic Diseases Act, 1897) and implementing regulations (Maharashtra COVID-19 Regulations, 2020), coupled with executive actions such as the NMMC notice directing private dispensaries to remain open under threat of penal action (IPC S. 188), constitutes a “requisition” of services for doctors and health professionals under the scheme requirements — A narrow interpretation of “requisition” requiring specific individual appointment letters is rejected due to the compelling, emergent circumstances of the pandemic. (Paras 23-26, 30(a))

Dec 12, 2025 sclaw
Property Matters Rent

Public Premises (Eviction of Unauthorised Occupants) Act, 1971 — Scope and Applicability — Overriding Effect over State Rent Control Legislations — Whether PP Act 1971 prevails over State Rent Control Acts (such as Maharashtra Rent Control Act, 1999 or Delhi Rent Control Act, 1958) regarding eviction from ‘Public Premises’ defined under Section 2(e) — Both PP Act 1971 and State Rent Control Acts are special laws; conflict resolved by legislative purpose and policy, which dictates that PP Act 1971 must prevail — A person in unauthorised occupation of public premises cannot invoke the protection of the Rent Control Act. (Paras 2, 5.6.3, 5.7.1, 5.8.2, 13(i), 13(ii), 13(iv))

Dec 12, 2025 sclaw