Service Law – Retrospective Reservation for Women – Validity of Rule 22A Amendment – Upheld – Appellants challenged the application of G.O. Ms. No. 928 dated 6.10.1995 and G.O. dated 28.5.1996 which enhanced reservation for women to 30% and 33⅓% respectively – Held: Government has power under Article 309 to frame rules with retrospective effect – Rule 22A as a...
Service Law – Seniority – Retrospective Promotion – Legality – Held: Promotees cannot claim seniority from a date prior to their actual appointment to the cadre. Appellants, who were promoted as Assistant Conservator of Forests (ACFs) in 2002, were retrospectively given seniority from 1994. Respondents, appointed directly in 1996, challenged this retrospective promotion. Su...
Judicial Service – Departmental Proceedings – Natural Justice – Bias – Appellant, a Judicial Officer, was dismissed from service on recommendation of the Disciplinary Committee of the High Court of Gujarat based on inquiry findings – Same judge who was a member of that Disciplinary Committee also later sat on the bench hearing the appellant’s writ petition chall...
Constitutional Law – Office of Profit – Articles 101 to 104 – Retrospective Exemption – Validity of Parliament (Prevention of Disqualification) Amendment Act, 2006 – Challenge to retrospective removal of disqualification under Article 102(1)(a) on ground that it sought to re-induct Members of Parliament whose seats had allegedly fallen vacant – Held: Parliament ...
Army Service – Discharge – Rule 13(3) of the Army Rules, 1954 – Validity of discharge for inefficiency – Respondent, a recruit, was discharged from service for having failed twice in the clerks’ proficiency and aptitude tests – Learned Single Judge upheld the discharge under Rule 13(3) holding that the competent authority was entitled to discharge a recruit cons...
Service Law – Compassionate Appointment – Fraudulent claim of adoption – Burden of proof – Respondent claimed appointment on compassionate grounds as the adopted son of deceased Head Master – Produced an unregistered deed of adoption and a joint succession certificate with his natural father – Application for compassionate appointment initially rejected by compe...
Judicial Appointments – Article 217(1) & (2) – Eligibility vs. Suitability – Scope of Judicial Review – Petition challenging appointment of Dr. Satish Chandra as Additional Judge of the Allahabad High Court on grounds of lack of ten years’ actual practice and ineffective consultation – Held: A clear distinction exists between eligibility (objective fact unde...
Service Law – Departmental Enquiry – Scope of Judicial Review – Standard of Proof – Held, High Court justified in interfering where findings of disciplinary authority were perverse, unsupported by evidence and based on conjecture – Judicial review permissible when enquiry suffers from violation of natural justice or statutory provisions – Findings must rest on l...
Service Law – Regularization – Home Guards – Phased Absorption Scheme Quashed – Respondents worked continuously for 12 to 23 years under the A&N Home Guards, performing duties of regular nature under police supervision – Tribunal and High Court had directed formulation of a Scheme for their regularization in accordance with Pantha Chatterjee – Authorities fr...
Labour Law – Gratuity – Service Compensation – Constitutionality – Sections 47(3) & 47(4) of the Andhra Pradesh Shops and Establishments Act, 1988 challenged as arbitrary and violative of Articles 14 & 19(1)(g) – Provisions allowed payment of service compensation (15 days’ wages per year of service) to employees with only one year’s service or less...