Service Law—Seniority—Merely because a person is senior is not entitled to promotion.
(2017) AIR(SCW) 1805 : (2017) AIR(SC) 1805 : (2017) AllSCR 1042 : (2017) 4 AllWC 3320 : (2017) 4 ALT 10 : (2017) 4 AndhLD 134 : (2017) 2 ApexCourtJudgments(SC)…
Service Law–Appointment–Reserved category-The appellant, who has applied under OBC category by availing age relaxation and also attending the interview under the ‘OBC Category’ cannot claim right to be appointed under the General Category.
(2017) AIR(SCW) 1945 : (2017) AIR(SC) 1945 : (2017) 2 ApexCourtJudgments(SC) 230 : (2017) 3 ESC 441 : (2017) 3 HimLR 1764 : (2017) 1 ILR(Cuttack) 917 : (2017) 3…
Law Officers—Appointment of—Directions issued to State of Punjab and Haryana to frame policy and till then a selection committee would short list the applications and recommend it to committee of Judges which would further be sent to Chief Justice for his views—State Government shall then appoint the candidate on basis of views expressed by Chief Justice on suitability—All fresh and re appointments to be done under this process.
2016) 6 ADJ 14 : (2016) AIR(SCW) 1629 : (2016) AIR(SC) 1629 : (2016) AllSCR 1795 : (2016) 3 AllWC 2846 : (2016) 1 BBCJ 567 : (2016) 3 GujLH…
Seniority–Executive Instructions–Where rules are silent on a particular point or there are no rules, Govt. can issue executive instructions to fill the gap not covered by Rules and such instructions must not be inconsistent with the rules already framed
2008(1) LAW HERALD (SC) 515 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice V.S. Sirpurkar Civil Appeal No. 5013 of 2000…
Departmental Traps–The violation thereof, if any, by the investigation officer would not ipso facto vitiate the disciplinary proceedings. Writ–Administrative Instructions–Even if there has been any break of executive instructions that does not confer any right on the member of the public to ask for a writ against Govt.
2008(1) LAW HERALD (SC) 501 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice Lokeshwar Singh Panta Civil Appeal No. 5033 of…
Pay Scale–When a concession was extended as distinct from implementing a specific recommendation of the Pay Commission with reference to a particular period of time, it is open to the Govt. to provide that the benefit it proposes to give, would be available only from a notified date. Cadre–Merger of Cadre–Court cannot issue direction for merger of cadre.
2008(1) LAW HERALD (SC) 477 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramanyan Civil Appeal No. 2468-2469 of 2005…
Service Law—Gratuity—Denial of—Misconduct-There must be termination on account of the alleged misconduct, which constitutes an offence involving moral turpitude.
(2017) AIR(SCW) 57 : (2017) 2 AIRBomR 127 : (2017) AIR(SC) 57 : (2017) 1 ALLMR 473 : (2017) 1 ApexCourtJudgments(SC) 271 : (2017) 2 BCR 62 : (2017) 1…
Promotion–Relaxation in Rules–There should not be any relaxation in rules unless the eligible and qualified candidates are not available–Relaxation should not be exercised to perpetuate mistake. Promotion–Respondent was promoted though he was not eligible and qualified–Held; mistakes are mistakes and can be corrected by following the due process of law.
2008(1) LAW HERALD (SC) 417 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice J.M. Panchal Civil Appeal No. 5865 of 2007…
Misconduct–Removal–Charge of issuance of forged licence–Misconduct of such a magnitude, when proved, cannot be ignored on surmises and conjectures–Equity in such a case would have no role to play.
2008(1) LAW HERALD (SC) 405 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Appeal (civil) 2322 of 2006…
On mere direction of reinstatement with continuity of service, an employee cannot claim his pay to be fixed after taking into consideration the notional increments which would have otherwise accrued
2008(1) LAW HERALD (SC) 335 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 4511 of…