Category: Service

Service Matters

Rajasthan Civil Services (Absorption of Ex-servicemen) Rules, 1988 – Rule 6B A candidate who is not eligible on the last date of submission of application cannot be treated to be eligible in the category of Ex-servicemen when the writ petitioners were in active service on the last date of submission of application forms

SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER AND ANOTHER — Appellant Vs. SHIKUN RAM FIRUDA AND ANOTHER — Respondent ( Before : L. Nageswara Rao and…

Service Matters

Service Law – Promotion – Tribunal was right in holding that no prejudice is caused to the Appellant by applying Navy Order. Violation of every provision does not furnish a ground for the Court to interfere unless the affected person demonstrates prejudice caused to him by such violation – Appeals dismissed.

SUPREME COURT OF INDIA DIVISION BENCH SURGEON REAR ADMIRAL MANISHA JAIPRAKASH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

Service Matters

Service Law – it cannot be said that the appointment of the employees in the present set of appeals were irregular appointments. Such appointments are illegal appointment in terms of the ratio of Supreme Court judgment in Uma Devi. As such appointments were made without any sanctioned post, without any advertisement giving opportunity to all eligible candidates to apply and seek public employment and without any method of recruitment.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF BIHAR AND OTHERS — Appellant Vs. DEVENDRA SHARMA — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. )…

Service Matters

….it is observed that while deciding the appeals, this Court has made no observations with respect to the right of the IPS Officers for deputation, in terms of the recruitment rules, if any, as the same was not the controversy and/or issue before this Court and the decision of this Court shall be construed with respect to grant of Organised Group ‘A’ Central Services only.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. SRI HARANANDA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman and M.R. Shah, JJ.…

Service Matters

There is no distinction between persons having different qualifications. There are no direct appointments. The posts are filled in only through promotions. The question is what is really being done? In our view, all that has been done is that, at a particular promotion stage, in the wisdom of the administration, recognising higher skills developed through higher qualifications, and as an incentive to others to acquire these higher qualifications, an accelerated promotion on a small percentage of posts had been granted.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTARAKHAND AND OTHERS — Appellant Vs. S.K. SINGH AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and M.R. Shah, JJ.…

Service Matters

Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 – Regulation 4(3) – Constitution of India, 1950 – Article 14 – Motor Vehicles Act, 1988 – Section 166 and 140 – Compassionate appointment – As the Respondent has received the compensation under the Act, he is not entitled for compassionate appointment under the Regulations – The judgment of the High Court is set aside the Appeal is allowed.

SUPREME COURT OF INDIA DIVISION BENCH  RAJASTHAN STATE ROAD TRANSPORT CORPORATION — Appellant Vs. DANISH KHAN — Respondent ( Before : L. Nageswara Rao and Hemant Gupta, JJ. ) Civil…

Service Matters

Kerala Abkari Shops Disposal Rules, 2002 – Rules 4(2) and 9(10)(b) – Ban of arrack in State of Kerala – Right of Employment.- It cannot be said that a vested right accrued to all the abkari workers to claim employment in retail outlets in the Corporation. This Court not agree with the submission of the Respondents that a vested right was created by the Government Order dated 20.02.2002 and that it was indefeasible.

SUPREME COURT OF INDIA DIVISION BENCH  KERALA STATE BEVERAGES (M AND M) CORPORATION LIMITED — Appellant Vs. P.P. SURESH AND OTHERS — Respondent ( Before : L. Nageswara Rao and…

Service Matters

Appellant cannot be denied payment of pension applicable to the rank of Lt. Colonel (TS) on the ground that he fell short of the reckonable service of 21 years – Appellant retired in the year 1991 and has been made to run from pillar to post to get his rightful pension – It appropriate that apart from his entitlement to the pension applicable to the post of Lt. Colonel (TS), he is also entitled to be compensated for the avoidable litigation to which he was unnecessarily dragged into – Appeal allowed.

SUPREME COURT OF INDIA DIVISION BENCH  IC 29547 L BOBBY JOSEPH — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

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