Category: Service

Service Matters

The order of the Odisha Administrative Tribunal, as affirmed by the High Court, directing the State to appoint the applicants as Gardeners is beyond their jurisdiction vested in the High Court as there cannot be any direction for making appointment to the public post in such a manner. Consequently, the appeals are allowed.

SUPREME COURT OF INDIA DIVISION BENCH  THE DIRECTOR OF HORTICULTURE, ODISHA — Appellant  Vs.  PRAVAT KUMAR DASH AND OTHERS — Respondent ( Before : L. Nageswara Rao and Hemant Gupta,…

Service Matters

Advocates—An advocate cannot work merely as mouth piece of his client while making presentation before the Court—He must tell the Court the correct position of law The College being affiliated to the University was bound by the provisions of the Act with its attendant consequences for noncompliance-Order of termination, passed without approval of Vice chancellor in violation of statutory rules, set aside.

2019(2) Law Herald (SC) 1578 : 2019 LawHerald.Org 1015 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Arun Mishra Hon’ble Mr. Justice Navin Sinha Civil Appeal No(s). 4794…

Service Matters

Held; the basis on which the matter was considered by the Division Bench was incorrect and secondly, the matter was also not considered from the perspective of relevant governing Regulations-The orders of sanction in all these three matters highlight the acts of commission and omission on part of the concerned Respondents as a result of which there was wrongful loss to the State and public interest was compromised

2019(2) Law Herald (SC) 1548 : 2019 LawHerald.Org 1009 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Service Matters

Service Law–Promotion–Stale Claim-Claim of the applicant for inclusion of her name in the panel for promotion issued on 09.01.2001–She filed representation on 25.09.2007, i.e., after more than 06 and half years- -Claim of inclusion in panel had become stale by that time and filing of representation will not give any fresh cause of action

2019(2) Law Herald (SC) 1420 : 2019 LawHerald.Org 936 (2019) 1 ESC 143 : (2019) 3 SCALE 527 : (2019) 2 SCT 92 IN THE SUPREME COURT OF INDIA Before…

Service Matters

Service Law-Arrears of Pay—Date of first appointment-Delay & Latches-­Appellant was appointed on contract basis against a reserved post due to non-availability of candidate–As per orders advertisement was issued continuously for 5 years but no candidate from reserved category was found—Appellant gave representations for de-reserving the post as per office orders

2019(2) Law Herald (SC) 1054 : 2019 LawHerald.Org 820 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice M. R. Shah Civil Appeal…

Service Matters

Writ Petition-Error apparent on face of record–Non speaking order-High Court dismissed the writ petition for regularization of services on the basis of pleadings which were not part of record–Judgment and order of High Court set aside-Matter remanded back for deciding the writ afresh on the basis of pleadings on record.                          

2019(2) Law Herald (SC) 989 : 2019 LawHerald.Org 779 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Civil Appeal Nos.2544-2545 of…

Service Matters

Service Law—Dismissal from Service—Absence without leave-­Unauthorized absence of 302 days by a member of the Armed Force without any effort to apply for extension of his leave-Punishment of dismissal from service cannot be held to be harsh and disproportionate merely on the ground that the respondent had put in twelve years of service.

2019(2) Law Herald (SC) 870 : 2019 LawHerald.Org 723 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Dr. Dhananjaya Y Chandrachud  Hon’ble Mr. Justice Hemant Gupta Civil Appeal…

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