Category: Service

Service Matters

Central Civil Services (Revised Pay) Rules, 2008 – Section 1 – Modified Assured Career Progression Scheme (MACP)- ACP Scheme which is now superseded by MACP Scheme is a matter of government policy – Interference with the recommendations of the expert body like Pay Commission and its recommendations for the MACP, would have serious impact on the public exchequer – HELD Impugned orders cannot be sustained and are liable to be set aside – Appeal allowed.

SUPREME COURT OF INDIA FULL BENCH UNION OF INDIA AND OTHERS — Appellant Vs. M.V. MOHANAN NAIR — Respondent ( Before : R. Banumathi, A.S. Bopanna and Hrishikesh Roy, JJ.…

Service Matters

HELD Uttar Pradesh Higher Judicial Services – Judicial review – Dismissal – Disciplinary action – Natural suspicion as to the integrity and honesty of the appellant in several land acquisition cases – Held, There is no explicit mention of any extraneous consideration being actually received or of unbecoming conduct on the part of the appellant – The order of dismissal dated 17.01.2006 passed by Respondent No. 1 is set-aside, and the appellant’s prayers for reinstatement with consequential benefits including retiral benefits, is accepted.

SUPREME COURT OF INDIA FULL BENCH SADHNA CHAUDHARY — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : S.A. Bobde, CJI , B.R. Gavai and Surya Kant,…

Service Matters

Life Insurance Corporation of India (Staff) Regulations, 1960 – Regulations 39(1), 39(4)(i) and 39(4) – Penalty imposed on employee on the grounds of conduct which had led to a conviction on a criminal charge – Where the respondent was convicted of various criminal offences and subsequently, a notice to show cause was issued – HELD DB of high court was in error to hold the action on notice pending, decision of criminal appeal

SUPREME COURT OF INDIA DIVISION BENCH LIFE INSURANCE CORPORATION OF INDIA — Appellant Vs. MUKESH POONAMCHAND SHAH — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and Hemant Gupta, JJ.…

Service Matters

HELD that where the initial appointment is only ad hoc and not according to Rules and made as a stop gap arrangement, the officiation in such post cannot be taken into account for determining seniority. It was further held that the period of officiation can be counted if the initial appointment is not made by following the procedure laid down by the Rules but the appointees continued in the post uninterruptedly till the regularisation of his service in accordance with the Rules

UPREME COURT OF INDIA DIVISION BENCH VINOD GIRI GOSWAMI AND OTHERS — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : L. Nageswara Rao and Deepak…

Service Matters

Appellant has to be reinstated with continuity of service from the date of his initial appointment as full-time Gallery Attendant in July 2002, but without back wages for the period between 18.12.2012 to 22.08.2013, when the Appellant did not work. The Appellant shall, however, be entitled to differential salary, if any, between the post of full-time Gallery Attendant and part-time Gallery Attendant from 25th July 2002 onwards

SUPREME COURT OF INDIA DIVISION BENCH VINOD RAVJIBHAI RAJPUT — Appellant Vs. STATE OF GUJARAT AND OTHERS — Respondent ( Before : Indira Banerjee and A.S. Bopanna, JJ. ) Civil…

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