Civil Writ - Challenge to Selection Process – Alleged Irregularities in Evaluation – Dismissed – Petitioners contended that there were discrepancies in marks, improper scaling, and procedural irregularities – Court held that the selection process was conducted as per rules and in absence of specific material irregularities, challenge was liable to be rejected [Paras 39-48]....
BSF Service – Compulsory Retirement – Valid Exercise of Power – Petition Dismissed – The petitioner, a constable in BSF, was compulsorily retired under Rule 26 of the BSF Rules for unsuitability due to repeated acts of indiscipline – The Court held that Rule 26 allows retirement on unsuitability if the competent authority is satisfied after issuing a show-cause notice...
Service Law - Departmental Proceedings – Quasi-Judicial Function – Judges Protection Act – Protection granted – Appellant acted in quasi-judicial capacity as Tehsildar under Section 57(2) of the MP Land Revenue Code – No allegations of mala fide, extraneous consideration, bribery, or corruption – Mere irregularity or erroneous decision without dishonest intent n...
Service Law – Pay Scale Dispute – Assistant Professors – Appellant-Society managing private engineering colleges challenged the Bombay High Court's order granting 6th Central Pay Commission benefits to Respondent-teachers – The High Court directed re-designation of certain teachers as Associate Professors with pay band Rs. 37,400-67,000 and AGP Rs. 9,000 – Appella...
Service Law – Pension Entitlement – Deemed Opt-in Under Office Order – Pension Benefits Granted – The respondent, a retired Deputy Manager (Personnel) in Delhi Transport Corporation (DTC), did not explicitly opt for either the CPF Scheme or the GPF-cum-Pension Scheme within the prescribed period under the 1992 Office Order – As per para 9 of the 1992 Order, an employe...
Service Law - Constitution of India – Article 311(2) – Termination of Judicial Officers – Probation Termination – Petitioners, Ms. Sarita Choudhary and Ms. Aditi Kumar Sharma, terminated from service under Rule 11(c) of the M.P. Judicial Service (Recruitment and Conditions of Service) Rules, 1994 – Administrative Committee and Full Court resolutions based termination ...
Land Law - Urban Land Ceiling – Vesting and Possession – Requirement of Compliance with Section 10(5) and 10(6) of ULC Act – Validity of Possession through Panchnama – Repeal Act, 1999 – State's failure to establish actual possession – High Court's interference with Single Judge's finding unjustified. Statutory Scheme – Vesting under Section...
Service Law – Recruitment to Academic Post – Relevant vs. Concerned Subject – Selection Not Interfered – Petitioner challenged appointment of selected candidate having Ph.D. in Botany for the post requiring Ph.D. in Horticulture – Court held: Selection Committee of subject experts considered Ph.D. thesis relevant (on African Marigold) and recommended appointment &ndas...
Service Law - Voluntary Retirement – Civil Servant Deputed to Army Postal Service – Retirement While on Deputation – Denied – The petitioner, holding a civil post with the Department of Posts and later commissioned in APS, sought voluntary retirement under Rule 48-A without repatriation – Tribunal held and High Court affirmed that such retirement from APS without repa...
Service Law – Recruitment Criteria – CGLE Notice vs. Recruitment Rules – Tribunal’s Order Set Aside – Petitioners challenged CAT’s order granting relief to candidates who were rejected for failing to meet the CGLE 2019 eligibility criteria – Tribunal held that the Recruitment Rules (RRs) would override the CGLE Notice – Held: The CGLE Notice merely c...
