Compassionate Appointment–If there is no Scheme providing compassionate appointment , any appointment on such ground would be illegal. Compassionate Appointment–Such appointment cannot be granted to a person other than those for whose benefit the exception has been carved out.
2007(4) LAW HERALD (SC) 3141 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 429 of…
Compassionate Appointment–Compassionate appointment can be given only in terms of the Scheme, executive instructions, rules etc framed by the Employer in this regard. Compassionate Appointment–Even hardship of the dependent does not entitle him to claim compassionate appointment de hors the Scheme or the statutory provisions as the case may be.
2007(4) LAW HERALD (SC) 3137 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice B.Sudershan Reddy Civil Appeal No. 743 of 2007…
Compassionate Appointment – Once the appointment on compassionate ground is accepted—No further or second consideration for higher post on the ground of compassion would arise.
2007(4) LAW HERALD (SC) 3133 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2208 of…
Land and Property Law—Whether having regard to notification vis-a-vis the expansion of the Indore development plan, the district committee in exercise of its delegated power can automatically extend the area of operation of the appellant despite the notification constituting it by the state whereby and whereunder its area of operation was limited to the one covered by the notification? NO.
2007(4) LAW HERALD (SC) 3105 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2530 of 2007…
Murder—Trail of Blood–Since the accused persons were dragging the dead body of the deceased to the house of the accused, there was possibility of their clothes being strained with blood rather than leaving trail of blood. FIR–Delay in lodging of–Murder of deceased at night while he was with his wife in his home–There was no requirement for offering any such explanation.
2007(4) LAW HERALD (SC) 3101 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice D.K. Jain Criminal Appeal No. 330-331…
Service and Labour Law—Transfer—Transfer is an exigency of service and is an administrative decision. Interference by the Courts with transfer orders should only be in very rare cases. Service and Labour Law–Transfer–There can be no hard and fast rule that every transfer at the instance of an M.P. or MLA would be vitiated.
2007(4) LAW HERALD (SC) 3098 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 4360 of 2007…
Service and Labour Law–Disciplinary proceedings can be continued even after the age of superannuation in terms of rules governing the terms and conditions of services of the employee. Service and Labour Law–Dismissal–While imposing the punishment, Disciplinary Authority observed that the terminal dues of the appellant were to be settled–Appellant cannot claim such dues as a matter of right.
2007(4) LAW HERALD (SC) 3089 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 971 of 2007…
Service and Labour Law–Compassionate Appointment–Appellant who was a minor applied for compassionate appointment – His case was not kept on live register–Authorities failed to discharge their duties which were binding in terms of provisions—Direction issued to offer appointment to the appellant in a suitable post with costs of Rs. 25000/- only.
2007(4) LAW HERALD (SC) 3082 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4339…
Service and Labour Law–Merely because employee was to be relieved after 3 months from the date of tendering the resignation and accepted, the same would not mean that even thereafter it was open to him to withdraw his resignation.
2007(4) LAW HERALD (SC) 3075 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 4343 of…
Service and Labour Law–Whether reference of the appellant could be rejected on the sole ground of delay when Govt. itself made reference for adjudication of the dispute?–NO.
2007(4) LAW HERALD (SC) 3070 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 4561 of…