Service Archives - Page 76 of 81 - Supreme Court of India Judgements

January 23, 2025 3:38 am

Service Law—Stoppage of increment–Major penalty–In the absence of specific Regulations, withholding of increments with cumulative effect is treated as a major penalty because it has a perpetual effect.

May 13, 2017 sclaw

2007(4) LAW HERALD (SC) 2775 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Civil Appeal No. 4041-42…

Service

the High Court set aside the order of termination – Court find that the respondent was given a copy of the order of cancellation of the certificate passed by the Tahsildar, Nowrangpur and he also signed in lieu of the receipt of the copy of the said order. In view of the fact that the petitioner was given a copy of the order of cancellation of certificate the High Court was not justified in holding that the respondent was not confronted with the order of cancellation of certificate. The learned counsel appearing for the respondent then urged that the respondent was denied an opportunity of personal hearing before the disciplinary authority – Appeal allowed.

May 13, 2017 sclaw

(2000) 1 LLJ 275 : (1999) 9 SCC 268 : (1999) SCC(L&S) 1228 SUPREME COURT OF INDIA STATE BANK OF INDIA AND OTHERS — Appellant Vs. LUTHER KONDHPAN —…

Service

Service Law – Appointment – Search-cum- Selection Committee, after scrutinizing qualification and experience of short- Listed candidates, unanimously placed Respondent first in merit list – Acceptance of lesser salary cannot ipso facto conclude that acceptance of position was to abuse authority

May 13, 2017 sclaw

(2013) 12 AD 157 : (2014) 1 CompLJ 39 : (2013) 14 JT 563 : (2013) 13 SCALE 442 : (2014) 2 SCC 609 : (2014) 1 SCC(L&S) 433…

Service

High Court was to remit the matter to the Government for Constitution of the DPC to consider his fitment for promotion in later period, in that event, the DPC would go into the merits afresh and find out whether the respondent would be fit for promotion. If he would be found fit and recommendation is made in that behalf, the Government would appoint him on regular basis and he would get seniority only from the date of his promotion

May 13, 2017 sclaw

(1997) 10 JT 628 : (1997) 3 SCALE 337 : (1997) 4 SCC 424 : (1997) SCC(L&S) 975 : (1997) 2 SCR 1133 SUPREME COURT OF INDIA STATE OF…

Service

The Respondent would not have any right to get any further advantage in the nature of higher salary or a higher pay scale, especially when nothing from his salary was being deducted on account of his getting pension or perquisites from the earlier employer – The Tribunal was absolutely right in coming to the conclusion that the pay fixation under the order was correct because a mistake was committed in the earlier pay fixation – Appeal stands disposed of.

May 13, 2017 sclaw

(2013) 11 AD 499 : (2014) 140 FLR 7 : (2013) 14 JT 203 : (2014) LabIC 1564 : (2014) 1 LLN 17 : (2013) 13 SCALE 393 :…

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The language of the advertisement is clear and explicit and does not admit any ambiguity and it has to be given effect to – The Appellant Ganpat did not have a Masters’ degree in Computer Application, he was not entitled to be considered for appointment as Lecturer in MCA – Appeal stands dismissed.

May 13, 2017 sclaw

(2013) 11 AD 479 : AIR 2014 SC 77 : (2014) 140 FLR 69 : (2013) 14 JT 612 : (2014) LabIC 1558 : (2014) 1 LLN 1 :…

Service

Constitution of India, 1950 – Article – 309 – Indian Railway Establishment Code – Rule 1-A – Validity of the memorandum – The Ernakulam Bench, which held the memorandum in valid, did so for the reason that the Railway Board, which had issued the memorandum, could not have changed the provisions finding place in the Establishment Manual

May 12, 2017 sclaw

(1996) 73 FLR 1676 : (1996) 5 JT 500 : (1996) 4 SCALE 670 : (1996) 4 SCC 416 : (1996) 2 SCR 358 Supp : (1996) 2 SLJ…

Service

Process of selection – The appellants have challenged before the court the alleged arbitrary decision of the Government in conducting a special recruitment test against the Rules and Guidelines issued for the recruitment of Computer Instructors and also by altering the minimum qualifying marks from 50% to 35% so as to absorb a larger number of candidates of its choice

May 12, 2017 sclaw

(2009) 9 JT 70 : (2009) 9 SCALE 319 : (2009) 14 SCC 517 SUPREME COURT OF INDIA T. NADU COMPUTER SC B.ED. G.T. WELF. SOCIETY — Appellant Vs. HIGHER…

Service

Employer has sacrosanct duty to act in terms of sacred objectives of social and economic justice – Respondents have not been absorbed by JHALCO despite JHALCO having absorbed more than 300 employees of BHALCO – Both States directed to make payments within stipulated time – Both States shall compute salary component after granting benefit of pay revision which has been extended to other employees

May 11, 2017 sclaw

(2014) 3 AD 279 : (2013) 15 JT 218 : (2013) 14 SCALE 133 : (2014) 2 SCC 114 : (2014) 1 SCC(L&S) 321 : (2014) 1 SCJ 420…

Service

Equation of posts – Equating higher post of Accounts Officer with lower post of Accountant held to be wholly unjustified.

May 10, 2017 sclaw

(1995) 71 FLR 290 : (1996) 1 LLJ 819 : (1995) 3 SCALE 396 SUPREME COURT OF INDIA ISHWAR CHAND — Appellant Vs. STATE OF MADHYA PRADESH AND ANOTHER…

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C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

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Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

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Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

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Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

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Category: Service

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