Category: Service

Service Matters

Service Law – Recovery of personal/promotional pay scale benefits – Benefit of a personal/promotional pay scale was granted to Appellants/Ayurvedic Medical Officers by the State of Uttarakhand – Benefit was withdrawn under a subsequent decision of the State of Uttarakhand – By the order dated 8th November 2006, the personal time-bound pay scale was granted to the appellants, subject to the condition that if the Government takes any decision to the contrary, the amount will be recovered from the salary of the concerned medical officers – Recovery order upheld – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH DR. BALBIR SINGH BHANDARI — Appellant Vs. THE STATE OF UTTARAKHAND AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal,…

Service Matters

The state argued the forgery was serious misconduct and made appointments illegal – The Supreme Court allowed the appeals and ruled that the appellants were entitled to continue in their service – The court found no evidence of wrongdoing by the Appellants and directed the State to pay the appellants’ salaries with arrears and continue their service.

SUPREME COURT OF INDIA DIVISION BENCH RADHEY SHYAM YADAV AND ANOTHER ETC — Appellant Vs. STATE OF U.P. AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan,…

Article 229 of the Constitution does not grant the Chief Justice the power to make rules regarding the post-retiral benefits of former judges – The State Government has the legislative power to make laws regarding the post-retiral benefits of its employees, including former High Court judges.

SUPREME COURT OF INDIA FULL BENCH THE STATE OF UTTAR PRADESH AND OTHERS — Appellant Vs. ASSOCIATION OF RETIRED SUPREME COURT AND HIGH COURT JUDGES AT ALLAHABAD AND OTHERS —…

Service Matters

The appellant had filled in 08.12.1997 as his date of birth, while his actual date of birth is 18.12.1997 – SCOI allowed the appeal, holding that the error in the application form was a trivial error and did not justify the cancellation of the appellant’s candidature: – The Supreme Court’s reasoning is based on the following principles: a. De minimis non curat lex – The law does not concern itself with trifles. b. Candidacy cancellation for trivial errors is not justified. c. No prejudice caused to the state due to the error.

SUPREME COURT OF INDIA DIVISION BENCH VASHIST NARAYAN KUMAR — Appellant Vs. THE STATE OF BIHAR AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

Service Matters

HELD it may be recorded here that subsequent to date, there was a chargesheet issued against the Respondent and ultimately, the entire proceedings came to be dropped on 11.12.2019. Since the eligibility conditions in Rule 9 (1)(a)(iii), the validity of which is not under challenge before us, requires us to limit our inquiry into the question of eligibility as on date of consideration, what happens after that becomes insignificant to the inquiry. – In the background of facts and position of law analysed here in, it has to be concluded that as on the date of consideration, disciplinary action was contemplated against the writ petitioner Dinesh Singh, and therefore he was rightly held to be ineligible for selection of his name in Register A-1.

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HARYANA AND OTHERS — Appellant Vs. DINESH SINGH AND ANOTHER — Respondent ( Before : M.M. Sundresh and Aravind Kumar, JJ. )…

Service Matters

Armed Forces Tribunal Act, 2007 – Sections 14 and 31(1) – Formation of policy – Jurisdiction – A Tribunal functioning within the strict boundaries of the governing legislation, would not have the power to direct the formation of a policy – it cannot be questioned that disputes in respect of promotions and/or filling up of vacancies is within the jurisdiction of the Tribunal, it cannot direct those responsible for making policy, to make a policy in a particular manner.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. AIR COMMODORE NK SHARMA (17038) ADM/LGL — Respondent ( Before : Abhay S. Oka and Sanjay…

Service Matters

Service Law – Transfer Order – A person aggrieved by the order of transfer cannot sit at home and decide on his own that the order is illegal or erroneous and he will not comply with the same – If the workman had any grievance, he could have availed of his remedy available against the same; otherwise, he was duty-bound to comply with the same

SUPREME COURT OF INDIA DIVISION BENCH U.P. SINGH — Appellant Vs. PUNJAB NATIONAL BANK — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Civil Appeal No. 5494…

Service Matters

Service Law – Merging of staff from one department to another – Order for merging Adult Education Department staff into Education Department, providing category-wise seniority – The High Court ruled that merging cadres is a policy decision and cannot be interfered with -The State’s actions have been delayed by promotions and retirements, resulting in a lack of service for many – The High Court’s judgment is upheld, and the appeals are dismissed.

SUPREME COURT OF INDIA DIVISION BENCH PRAFFUL SHUKLA AND OTHERS — Appellant Vs. GOVERNMENT OF MADHYA PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…