Category: Service

Service Matters

Caste Certificate Rules – High Court grossly erred in failing to appreciate that the appellant held a valid caste certificate from the competent authority in the State of Maharashtra under Rule 6(1)(a) in Form 10 in accordance with the prescribed procedure, the genuineness and validity of which was not in question before it – Furthermore, the appellant was not seeking the reserved status for the purpose of education or employment

SUPREME COURT OF INDIA DIVISION BENCH ARUNA — Appellant Vs. THE STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Navin Sinha and R. Subhash Reddy, JJ. ) Civil…

Service Matters

Uttar Pradesh Regularisation of Ad hoc Appointments HELD Determination of Seniority – Services rendered by the ad hoc appointees prior to their regularisation as per the 1979 Rules shall not be counted for the purpose of seniority, vis-à-vis, the direct recruits who were appointed prior to 1989 and they are not entitled to seniority from the date of their initial appointment in the year 1985.

SUPREME COURT OF INDIA DIVISION BENCH RASHI MANI MISHRA AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

Service Matters

Penalty of compulsory retirement from the post of Additional District and Sessions Judge – Multiple transactions showing deposits and withdrawals of substantial amounts of money, it cannot be said that Full Court was not justified in taking the view that it did – Compulsory retirement upheld

SUPREME COURT OF INDIA DIVISION BENCH RAJINDER GOEL — Appellant Vs. HIGH COURT OF PUNJAB AND HARYANA AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi,…

Service Matters

Criterion of “seniority – cum – merit” in the matter of promotion postulates that given the minimum necessary merit requisite for efficiency of administration, the senior, even though less meritorious, shall have priority and a comparative assessment of merit is not required to be made

SUPREME COURT OF INDIA DIVISION BENCH TEK CHAND AND OTHERS — Appellant Vs. BHAKRA BEAS MANAGEMENT BOARD (B.B.M.S.) AND OTHERS — Respondent ( Before : Navin Sinha and R. Subhash…

Service Matters

Service Law – Higher Pay Scale – Grant of benefits of higher pay scale to the Central/State Government employees stand on different footing than grant of pay scale by an instrumentality of the State – Employees of Punjab State Co-operative Milk Producers Federation are entitled to pay scale equivalent to their counterparts in State of Punjab

SUPREME COURT OF INDIA DIVISION BENCH PUNJAB STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LIMITED AND ANOTHER — Appellant Vs. BALBIR KUMAR WALIA AND OTHERS — Respondent ( Before : Sanjay Kishan…

Service Matters

Termination – Back wages -The High Court in fact set aside the direction of the Tribunal to reinstate by creating a supernumerary post – This is not challenged by Respondent No. 1 – It directed only that the appointment of the Respondent No. 1 be made in the vacancy – Therefore, the claim of Respondent No. 1 for back wages from the date of termination is at any rate clearly untenable.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF ODISHA AND OTHERS — Appellant Vs. KAMALINI KHILAR AND ANOTHER — Respondent ( Before : Uday Umesh Lalit and K.M. Joseph, JJ.…

Service Matters

Implementation of MACPS for civilian employees – Whether the Government of India is justified in implementing the Modified Assured Career Progression Scheme (‘MACPS’) – This Court find force in the submission made by the learned Additional Solicitor General that uniform implementation of MACPS for civilian employees w.e.f. 01.01.2006 would result in large scale recoveries of amounts paid in excess.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. R.K. SHARMA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Vineet Saran, JJ. ) Civil…

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