Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – Sections 7, 8 and 9 – Procedure for resignation by employees of private schools – The appellant challenged his termination from, which was set aside by the Tribunal but reinstated by the High Court – The main issues were whether the appellant’s resignation was lawfully withdrawn and if the documents related to his resignation were fabricated – The appellant argued that his resignation withdrawal was not considered and that the school committee’s resolutions were fabricated – The respondents contended that the resignation was accepted by the management committee and the school committee, and the appellant was informed accordingly – The Supreme Court upheld the High Court’s decision, dismissing the appeal and affirming that the appellant’s resignation was voluntary and lawfully accepted – The Court found no evidence of fabricated documents and determined that the management committee’s acceptance of the resignation was valid – The Court referenced the MEPS Act and Rules, concluding that non-communication of resignation acceptance does not invalidate the termination – The Supreme Court concluded that the appellant’s resignation was accepted before his attempted withdrawal, and thus the termination was lawful.
2024 INSC 337 SUPREME COURT OF INDIA DIVISION BENCH SHRIRAM MANOHAR BANDE — Appellant Vs. UKTRANTI MANDAL AND OTHERS — Respondent ( Before : Pamidighantam Sri Narasimha and Aravind Kumar,…
Service Law – Appointment of Technical Assistants as Assistant Engineers in the PWD, Tamil Nadu, based on service and qualifications – Court reasoned that the appointments did not encroach upon the quota for direct recruits and were equitable, considering the long-standing practice and the need to fill vacancies – The judgment emphasizes the importance of adhering to established rules and procedures while also recognizing the practical considerations of government administration – The conclusion reaffirms the validity of the appointments made and the discretion of the executive in the absence of specific rules.
2024 INSC 306 SUPREME COURT OF INDIA DIVISION BENCH ASSOCIATION OF ENGINEERS AND OTHERS ETC. — Appellant Vs. THE STATE OF TAMIL NADU AND OTHERS ETC. — Respondent ( Before…
Service Law – Termination – The Supreme Court found that the termination was unjustified and in violation of natural justice principles, as no disciplinary enquiry was conducted – The Court quashed the High Court’s judgments and the termination order, reinstated the appellant, and allowed the Institute to conduct disciplinary proceedings if desired.
2024 INSC 309 SUPREME COURT OF INDIA DIVISION BENCH SANDEEP KUMAR — Appellant Vs. GB PANT INSTITUTE OF ENGINEERING AND TECHNOLOGY GHURDAURI AND OTHERS — Respondent ( Before : B.R.…
Service Law – Selection Process – The main issue was whether the appellants’ appointments should be regularized after the merger of their posts with the regular establishment of the university – Court relied on UGC’s statutory authority and previous court decisions to conclude that the appellants should be continued after the merger – The appellants are to be reinstated to their posts, and any appointments made by the University under subsequent advertisements were subject to the outcome of this judgment. Disciplinary enquiries may proceed if necessary.
2024 INSC 303 SUPREME COURT OF INDIA DIVISION BENCH MEHER FATIMA HUSSAIN — Appellant Vs. JAMIA MILIA ISLAMIA AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj…
Court finds lapses in the medical diagnosis and treatment, noting the absence of a neurologist’s examination and the disregard for the appellant’s CD4 cell count – The court criticizes the respondents’ apathetic attitude and the discriminatory policy against HIV+ individuals, highlighting the appellant’s survival without anti-retroviral therapy – The court awards compensation for wrongful termination, leave encashment dues, non-reimbursement of medical expenses, and social stigma, along with pension entitlements as if the appellant had retired in service.
SUPREME COURT OF INDIA DIVISION BENCH SATYANAND SINGH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Sanjiv Khanna and Dipankar Datta, JJ. ) Civil Appeal…
The Court reasons that the service as a High Court Judge should be cumulated with district judiciary service for pension calculation, and the break in service should not adversely affect the pension – The Court analyzes the constitutional and statutory provisions, emphasizing the importance of non-discrimination in pension computation for Judges, regardless of their service origin – The Court concludes that Justice Garg is entitled to pension calculated on the basis of her last drawn salary as a High Court Judge, including arrears with interest – The appeal by the Union of India is disposed of accordingly.
SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA, MINISTRY OF LAW AND JUSTICE — Appellant Vs. JUSTICE (RETD) RAJ RAHUL GARG (RAJ RANI JAIN) AND OTHERS — Respondent (…
“National Coal Wage Agreement Clauses Prevail: Supreme Court Upholds Tribunal Decision Granting Regularization to Contract Workers”
SUPREME COURT OF INDIA DIVISION BENCH MAHANADI COALFIELDS LTD. — Appellant Vs. BRAJRAJNAGAR COAL MINES WORKERS’ UNION — Respondent ( Before : Pamidighantam Sri Narasimha and Sandeep Mehta, JJ. )…
All-India Services (Performance Appraisal Report) Rules, 2007 – Rules 5(1) and 9(7B) – Court concluded that the High Court erred in setting aside the CAT Order and directed the Accepting Authority to decide on the underlying representation within 60 days – The judgment emphasizes the importance of adhering to prescribed timelines and the restraint to be exercised by the judiciary in administrative matters involving specialized expertise.
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF HARYANA — Appellant Vs. ASHOK KHEMKA AND ANOTHER ( Before : Vikram Nath and Satish Chandra Sharma, JJ. ) Civil Appeal…
Service Law – Recruitment Process – Public Employment – Merely because a recruitment agency is not in a position to satisfy the Court, a relief cannot be extended to a candidate deprived as it will have a cascading effect not only on the said recruitment, but also to numerous others as well.
SUPREME COURT OF INDIA DIVISION BENCH THE TELANGANA RESIDENTIAL EDUCATIONAL INSTITUTIONS RECRUITMENT BOARD — Appellant Vs. SALUVADI SUMALATHA AND ANOTHER — Respondent ( Before : A. S. Bopanna and M.…