Service Archives - Page 8 of 81 - Supreme Court of India Judgements

January 23, 2025 6:58 am

Judicial service – Appointment to higher judicial service – If one of the selected candidates joins and then resigns, it gives rise to a fresh vacancy which could not have been filled up without issuing a proper advertisement and following the fresh selection process.

Sep 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUDESH KUMAR GOYAL — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : Hrishikesh Roy and Pankaj Mithal, JJ. )…

Service

Punjab Police Rules, 1934 – Rule 12.21 and 16.24 – Discharge of Inefficients – Case involving the discharge of a constable from the Punjab Police force – The constable, ‘J’, was discharged during his probation period due to prolonged absence without any intimation – The Supreme Court examined the relevant rules and held that ‘J’ discharge was justified as he was found unlikely to become an efficient police officer.

Sep 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF PUNJAB AND OTHERS — Appellant Vs. JASWANT SINGH — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil…

Service

Employees Compensation Act, 1923 – Section 30 – An appeal from an order of Commissioner can be entertained only if there exists a substantial question of law to be considered.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH FULMATI DHRAMDEV YADAV AND ANOTHER — Appellant Vs. NEW INDIA ASSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : Abhay S. Oka and…

Service

Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 – Rule 5 – An affidavit revealed vacancies, and in light of this, This Court directed the promotion of four candidates based on their education qualifications – This decision was not to set a precedent, and the appeal was allowed without any cost orders.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJENDRA PRASAD AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Abhay S. Oka and Rajesh Bindal,…

Service

Considering the facts and circumstances of the case and in order to do complete justice, the appellant will be entitled to all the service benefits including seniority, consequential promotions and pensionary benefits at par with his juniors, though notionally, since he superannuated on 30.06.2007 and has not worked on the promoted post.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH L.R. PATIL — Appellant Vs. GULBARGA UNIVERSITY, GULBARGA — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal No. 3254…

Service

Scientific and Technical Group “A” (Gazetted) posts in the Ministry of Information Technology (in-situ Promotion under Flexible Complementing Scheme) Rules, 1998 – Rule 4(b) – For striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief ought to be made.

Sep 12, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. MANJURANI ROUTRAY AND OTHERS — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. )…

Service

HELD any promotion given to the petitioner consequent to his continuance in service on the strength of the interim order would automatically fall to the ground once the Special Leave Petition is dismissed and the termination order attains finality.

Sep 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JAGPAL SINGH — Appellant Vs. THE STATE OF U.P. AND OTHERS — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. )…

Service

Appellant continues to work as a lecturer in English on a half time basis – Therefore, for doing substantial justice, this is a fit case to invoke power under Article 142 of the Constitution of India for continuing her appointment on full time basis – Direction issued to State Government to release grant-in aid for paying salary.

Sep 3, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VIJAYA BHIKU KADAM — Appellant Vs. MAYANI BHAG SHIKSHAN PRASARAK MANDAL AND OTHERS — Respondent ( Before : Abhay S. Oka and Sanjay Karol,…

Service

Increase/Enhancement of Retirement age – Retired Employees cannot claim a vested right to apply the extended age of retirement to them retrospectively and assume that by virtue of the enhancement in age ordered by the State at a later date, they would be entitled to all the benefits including the monetary benefits flowing from G.O. dated 9th April, 2012, on the ground of legitimate expectation

Aug 29, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DR. PRAKASAN M.P. AND OTHERS — Appellant Vs. STATE OF KERALA AND ANOTHER — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ.…

Service

Service Law – Disciplinary proceedings – Penalty Order – Unless punishment imposed is only co-relatable to any of those charges found not proved, the penalty cannot be set aside – Scope of judicial review against a departmental enquiry proceeding is very limited – It is not in the nature of an appeal and a review on merits of the decision is not permissible

Aug 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE BANK OF INDIA — Appellant Vs. A.G.D. REDDY — Respondent ( Before : J.K. Maheshwari and K.V. Viswanathan, JJ. ) Civil Appeal No.…

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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

Jan 19, 2025 sclaw

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

Jan 19, 2025 sclaw

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

Jan 17, 2025 sclaw

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

Jan 12, 2025 sclaw

Category: Service

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