Service Archives - Page 7 of 93 - Supreme Court of India Judgements

July 30, 2026 4:37 pm

Public Service Commission — Recruitment — Waiting List — Validity — A waiting list has a limited validity period, usually determined by recruitment rules or a reasonable period until the next advertisement. Candidates on a waiting list do not have an indefeasible right to appointment, but can be considered if vacancies arise within the validity period and the appointing authority acts arbitrarily.

Jan 17, 2026 sclaw

2026 INSC 64 SUPREME COURT OF INDIA DIVISION BENCH RAJASTHAN PUBLIC SERVICE COMMISSION, AJMER Vs. YATI JAIN AND OTHERS ( Before : Dipankar Datta and Augustine George Masih, JJ. )…

Service

Bihar Pharmacists Cadre Rules, 2014 (as amended in 2024) — Rule 6(1) and Note in Appendix-I — Constitutional validity — Fixation of minimum qualification for recruitment of Pharmacist — Held valid — “Note” providing Bachelor’s/Master’s degree holders are eligible subject to possession of Diploma is not arbitrary or exclusionary — Supreme Court upheld the validity of the amended Cadre Rules, finding no infirmity in the reasoning or conclusion of the High Court. (Paras 2, 16, 41, 65)

Jan 17, 2026 sclaw

2026 INSC 68 SUPREME COURT OF INDIA DIVISION BENCH MD. FIROZ MANSURI AND OTHERS Vs. THE STATE OF BIHAR AND OTHERS ( Before : M. M. Sundresh and Satish Chandra…

Service

Reservation in Public Employment — Migration of Reserved Category Candidates — Reserved category candidates who score higher marks than the cut-off for General Category candidates must be treated as qualified against an open/unreserved post, provided they did not avail of any concession or relaxation. Their appointment on merit in the general category does not count against the reserved category quota. (Para 33)

Jan 17, 2026 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AIRPORT AUTHORITY OF INDIA AND OTHERS Vs. SHAM KRISHNA B AND OTHERS ( Before : M. M. Sundresh and Satish Chandra Sharma, JJ. )…

Service

Service Law — Appointment — Ayurvedic Nursing Training Course — Right to Appointment — Candidates admitted to the course in a Government institution do not acquire an automatic right to appointment as Ayurvedic Staff Nurse upon completion of training, especially when there is a significant change in Government policy and the number of candidates available due to the grant of permission to private institutions to impart the training; earlier appointments were made because of fewer candidates (20 seats) and higher demand, a situation that drastically changed with the increased number of pass-outs. (Paras 4, 6, 9, 12, 15, 18, 20, 26, 27)

Jan 11, 2026 sclaw

2026 INSC 38 SUPREME COURT OF INDIA DIVISION BENCH STATE OF UTTAR PRADESH AND OTHERS Vs. BHAWANA MISHRA ( Before : Rajesh Bindal and Manmohan, JJ. ) Civil Appeal No.…

Service

Service Law — High Court Staff — Regularization — Discrimination — Appellants (Operator-cum-Data Entry Assistants/Routine Grade Clerks) appointed by Chief Justice under Rules 8(a)(i), 41, and 45 of Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 — High Court refused regularization of Appellants while regularizing numerous similarly situated employees appointed through the same channel — Justification based on whether initial appointment was labelled ‘ad-hoc’ or whether appointment letter stipulated an examination — Held, distinction based solely on stipulations in appointment letters, when the channel of appointment and nature of work are identical, is arbitrary, unreasonable, and superficial — Such differential treatment violates Articles 14, 16, and 21 of the Constitution, as equals must be treated equally without rational differentia. (Paras 3, 4, 17, 23-28)

Jan 4, 2026 sclaw

2025 INSC 1477 SUPREME COURT OF INDIA DIVISION BENCH RATNANK MISHRA AND OTHERS Vs. HIGH COURT OF JUDICATURE AT ALLAHABAD THROUGH REGISTRAR GENERAL ( Before : J.K. Maheshwari and Vijay…

Service

Service Law — Central Industrial Security Force (CISF) Rules, 2001 — Rule 18(b) — Recruitment: Disqualification — Second Marriage — Rule 18(b) disqualifies a person who, having a spouse living, has entered into or contracted a marriage with another person from appointment to the Force — Respondent, a CISF Constable, was dismissed from service for marrying a second time while his first marriage subsisted, violating Rule 18(b) — Held, the rule is a service condition intended to maintain discipline, public confidence, and integrity in the Force, and is not a moral censure — The rule is clear and mandatory, and the maxim “dura lex sed lex” (the law is hard, but it is the law) applies — The statutory rule prescribing penal consequences must be strictly construed — Dismissal upheld. (Paras 2, 3, 7, 9)

Jan 1, 2026 sclaw

2025 INSC 1479 SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS Vs. PRANAB KUMAR NATH ( Before : Sanjay Karol and Vipul M. Pancholi, JJ. ) Civil…

Service

Cochin University of Science and Technology Act, 1986 — Section 31(10) and 31(11) — Selection and Appointment — Validity of Rank List and Communal Rotation — Harmonious Construction — Section 31(10) stipulates that the Rank List remains valid for two years, and vacancies arising during this period “shall be filled up from the list so published” — Section 31(11) mandates that “Communal rotation shall be followed category-wise” — These sub-sections operate in distinct spheres but are not mutually exclusive; the Rank List’s validity period (Sub-sec 10) co-exists with the mandatory application of communal rotation (Sub-sec 11) for every appointment made therefrom — Interpreting Sub-section (11) as becoming operative only after the Rank List expires would render the reservation/rotation requirement otiose during the list’s validity, defeating legislative intent and violating the doctrine of harmonious construction. (Paras 5, 5.2, 5.4, 5.5, 5.5.1, 5.5.2

Dec 19, 2025 sclaw

2025 INSC 1462 SUPREME COURT OF INDIA DIVISION BENCH RADHIKA T. Vs. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY AND OTHERS ( Before : Aravind Kumar and N.V. Anjaria, JJ. )…

Service

Bihar Reorganisation Act, 2000 — Section 34(4) — Transfer of proceedings and effect of orders — Section 34(4) provides that any order made by the High Court at Patna before the appointed day in certain proceedings, shall for all purposes have effect not only as an order of the High Court at Patna but also as an order made by the High Court of Jharkhand — This deeming provision ensures continuity of judicial authority and mandates that judgments (like Nagendra Sahani) rendered by the Patna High Court before the reorganization, concerning employees subsequently allocated to Jharkhand (Successor State), must be treated as binding precedent by the High Court of Jharkhand. (Paras 17, 19, 20, 21, 31)

Dec 17, 2025 sclaw

2025 INSC 1445 SUPREME COURT OF INDIA DIVISION BENCH SANJAY KUMAR UPADHYAY Vs. STATE OF JHARKHAND AND OTHERS ( Before : J.K. Maheshwari and Vijay Bishnoi, JJ. ) Civil Appeal…

Service

Service Law — Compassionate Appointment — Nature of right — Appointment on compassionate bases is a concession, not a matter of right, and serves as an exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India — Core objective is to enable the dependent family to tide over sudden financial crisis following the death of the employee, providing relief against destitution — It is not intended to provide a post much less a post held by the deceased or a higher post based on educational qualification. (Paras 3, 7, 7.1, 7.3, 11)

Dec 15, 2025 sclaw

2025 INSC 1423 SUPREME COURT OF INDIA DIVISION BENCH THE DIRECTOR OF TOWN PANCHAYAT AND OTHERS Vs. M. JAYABAL AND ANOTHER ETC. ( Before : Rajesh Bindal and Manmohan, JJ.…

Service

General Provident Fund (Central Service) Rules, 1960 — Rules 5(5), 5(6), 33 and Note 2 to Rule 476(V) of Official Manual (Part V) — Interpretation — While Rules 5(5) and 5(6) read together do not automatically cancel a nomination where the subscriber fails to send a notice of cancellation and a fresh nomination — The express condition in the original nomination form stating it invalidates upon the subscriber acquiring a family renders the nomination void the moment the condition (marriage) occurs, triggering distribution under Rule 33(i)(b) to all family members in equal shares. (Paras 5, 7, 8)

Dec 14, 2025 sclaw

2025 INSC 1391 SUPREME COURT OF INDIA DIVISION BENCH SMT. BOLLA MALATHI Vs. B. SUGUNA AND OTHERS ( Before : Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ. ) Civil Appeal…

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Accident

Motor Vehicles Act, 1988 — Sections 165, 166 — Death allegedly caused by murder inside a motor vehicle — Claim for compensation — Requirement of causal link between death and “use” of motor vehicle — Held, mere presence of a motor vehicle in the chain of circumstances leading to death does not attract liability under MVA — Some nexus between the vehicle and the death must be established.

Jul 25, 2026 sclaw

State Laws

Maharashtra Housing and Area Development Act, 1976 — Section 2(25) — “Occupier” — Scope of definition — The MHAD Act defines only “occupier,” which includes any person liable to pay rent, an owner in occupation, a rent-free tenant, a licensee, or one liable to pay damages for use and occupation — Occupancy is not a statutory tenancy dependent on the owner’s will, and even a person in possession without formal rent liability may claim occupancy status for reallotment purposes.

Jul 25, 2026 sclaw

Stamp Act

Stamp Act, 1899 — Section 26, proviso — Mining lease — Stamp duty on instrument with indeterminate value — Determinant of stamp duty — Where value of subject-matter is indeterminate at execution, proviso to S.26 specifically governs mining leases, directing that estimated royalty or value of share, as estimated by the Collector where State is lessor, suffices for stamp duty purposes — Proviso held not inconsistent with main provision — actual value of mining lease is ascertainable only once mining operations commence

Jul 25, 2026 sclaw

Service

Service Law — Modified Assured Career Progression Scheme (MACPS) — Grade Pay convergence — Effect on promotions within cadre — Convergence of Grade Pay pursuant to Sixth Central Pay Commission does not obliterate separate identity of promotional posts within a cadre — Promotions carry promotional increments, enhanced running-duty allowances and post-specific benefits, remaining financially meaningful notwithstanding constancy of Grade Pay.

Jul 25, 2026 sclaw

Category: Service

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