Service Law – Probation – Reversion from Higher Post – Appellant was appointed as Extra Assistant Commissioner on probation – Despite commendable service and no extension of probation period by the Governor, appellant was reverted to his former post of Tehsildar – Held: Mere lapse of probationary period does not confer a right to confirmation – However, absence ...
Service Law – Army Promotion – Judicial Review – Article 226 – Non-promotion to Colonel rank upheld – Appellant Lt. Col. challenged supersession despite allegedly better record than batchmates – Selection Board considered overall profile including ACRs, war reports, honours, courses, appointments, and disciplinary background – Held: Promotion to Colonel is...
Service Law – Promotion – Article 14 – Non-communication of ACR entries – Held arbitrary – Appellant denied promotion to post of Superintending Engineer as ACR graded “good” instead of “very good”, though not communicated – Held: Every entry in ACR (poor, fair, average, good, very good, outstanding) must be communicated within reasonable ...
Service Law – Suppression of Criminal Cases in Attestation Form – Probationer in RPF – Termination Upheld - Respondent appointed as probationary constable in RPF in 1993, suppressed pendency of criminal cases under IPC including Section 376 in attestation form – Services terminated during probation upon verification report – High Court quashed termination for being st...
Constitutional Law – Writ - Article 14 – “One-man legislation” – Proviso to Section 11(1A), AIIMS (Amendment) Act, 2007 – Held unconstitutional – Amendment directed only against incumbent Director P. Venugopal, prematurely terminating his five-year tenure without justifiable reasons or safeguards – Such singling out constitutes naked discrimination, ...
Service Law – Pension – Limitation – Disability pension – Delay of 16 years in claiming arrears – Held barred – Respondent invalidated from service in 1983; disability pension granted prospectively pursuant to Single Judge order restricting arrears to 38 months – Division Bench wrongly directed arrears for 16 years with interest – Held: belated servi...
Constitution of India – Article 233 – Appointment of District Judges – Eligibility – In-service Judicial Officers – Direct Recruitment – Interpretation of Clause (1) and (2) – Held: Both clauses form a complete code – Article 233(1) covers appointments, postings and promotions – Article 233(2) lays down qualification only for advocates/pleaders...
Recruitment – Cut-off marks – Judicial review – High Court cannot direct lowering of cut-offs – Employer/Expert body has prerogative to fix rational, category-wise cut-offs; courts will not intermeddle absent arbitrariness – Held: Cut-offs @ General 71, OBC 56, SC/ST 20 were rational; direction to lower cut-offs set aside [Paras 10-11].
Reserved vacancies – F...
Service Law – Pension – Counting of Work-Charged Service – Employee initially appointed in work-charge capacity and later regularized—Denied benefit of work-charged period for pensionary computation—Circulars dated 6.8.1993 and 9.8.1994 allowed counting of such service subject to option and refund of EPF contribution—Respondent claimed lack of notice and sought ...
Service Law - Headmaster Recruitment – Requisite Teaching Experience – Experience as Lab Assistant/Teacher Grade-III under Subordinate Service Rules does not satisfy 1970 Rules – Posts of Headmaster governed by Rajasthan Educational Service Rules, 1970 requiring Bachelor’s degree + B.Ed./equivalent and specified teaching/admin experience in higher classes – Experience...