Service Law – Disciplinary Punishment – Proportionality – Compulsory Retirement Set Aside – Appellant (OS-II, Northern Railways) punished with compulsory retirement for supplying an absentee statement used in litigation – Document neither confidential nor privileged – Long unblemished service of 31 years – Held: Punishment shockingly disproportionate and a...
Service Law – Select/Recommendation List – No Vested Right – Appeal Allowed – Respondent’s name figured in 1994 recommendation for priority appointments to displaced landowners (Class-III ceiling) – In 1998 policy tightened: priority only if ≥2 acres acquired; no age relaxation – Post of Homeopathic Physician (Class-II) created only on 01.07.1998 &ndash...
Service Law – Notional Promotion – Delay in Issuance of Promotion Order – Grant of NFU – High Court sets aside Tribunal Order directing notional promotion with retrospective effect – Respondent promoted to the post of Deputy Director General only on 21.07.2016 despite DPC held on 22.01.2016 and vacancy arising on 01.04.2016 – Tribunal held delay unjustified and ...
Service Law – Termination – Industrial Disputes Act – Principles of Natural Justice – Workman remained absent without leave from May to August 1979 despite registered notice and newspaper publication – Services terminated on ground of absence – Labour Court ordered reinstatement with continuity and full back wages – High Court reduced back wages to 60% &nd...
Compassionate Appointment – Nature and Object – Articles 14 and 16 – Not a source of recruitment – Exception to the general rule of open competition to alleviate sudden financial crisis of the family due to death in harness – To be strictly governed by the applicable scheme/rules and financial condition of the family – High Court’s direction granting appoi...
Service Law – Promotion – Disability – Section 47(2) Disabilities Act – Respondent, a Railway employee, qualified in written test for promotion but declared medically unfit due to visual disability and denied appearance in viva voce – CAT directed reconsideration relying on Section 47 – High Court affirmed – Supreme Court held: Section 47(2) prohibits deni...
Service Law – Judicial Services Examination – Re-evaluation of Answer Book – No Right in Absence of Rule – Appellant failed in written exam of Bihar Judicial Services, 1999 – Secured 35 marks in General Science – Sought re-evaluation alleging he deserved higher marks – Commission permitted scrutiny but found no mistake – Single Judge directed re-eval...
Judicial Service Law – Pay Revision – Assistant Registrars – Writ of Mandamus – Jurisdiction of Chief Justice of High Court – Scope of Article 229 of Constitution – Approval Requirement – Judicial Review
Mandamus – Issuance Against Union of India – High Court directed Union of India to revise pay scale of Assistant Registrars from Rs. 2000-3...
Labour Law - Contract Labour – Regularisation – Articles 226, 227 of Constitution – Sections 7 & 10, Contract Labour (Regulation and Abolition) Act, 1970 – Dismissal of Appeals – Appellants employed as electricians through contractors for maintaining electricity in Government Medical College and Hospital – Sought regularisation under Chandigarh Administratio...
Service Law – Suppression of Material Facts – Termination Justified – False Declaration in Attestation Form – Respondent, selected as a Physical Education Teacher, concealed information regarding pending criminal case in attestation form – Despite claim of Hindi medium education, held: False statement made knowingly – Certificate in attestation form confirms und...