Service Law - Regularization of Contractual Employees – Applicability of 2003 Policy – Employees Entitled to Consideration – Petitioners, engaged on an ad-hoc, daily wage, or contractual basis for over two decades, sought regularization under the 2003 policy – The State argued that the policy was withdrawn in 2007 in compliance with Uma Devi (2006) – However, a 2014 n...
Service Law – Recruitment – Two-Child Norm – Relaxation for Widows – The petitioner's candidature for the post of School Lecturer was rejected due to having more than two children after 01.06.2002 – The petitioner contended that a disabled child should not be counted under the two-child norm as per the notification dated 28.02.2011 – The respondents argued t...
Service Law - Promotion to Sub-Inspector (Civil) – Seniority Determination – Feeder Category Principle – Petitioners contended that their seniority should be reckoned from their initial enlistment as Police Constables in 1989, rather than their promotion as Head Constables—Held: The relevant Rules provide that seniority must be determined within the class or category of ser...
Service Law - Regularization of Employment – Entitlement to Regular Pay-Scale – Circular Dated 10.05.1984 – Applicability to Special Recruitment Drive Employees - The Court held that the appellants, appointed under a Special Recruitment Drive on sanctioned posts, were entitled to the benefit of the regular pay-scale under Clause 6 of the circular dated 10.05.1984 – Their ap...
Service Law – Ad-hoc Appointment – Non-renewal of Contract as Discriminatory Action – The petitioner, who had served as an Assistant Professor (Forensic Science) on a contractual basis for three years, was not granted renewal of her contract, while two similarly placed candidates were retained – Held: Non-renewal of the petitioner’s contract without a formal order whi...
Service Law – Appointment as Aanganwadi Worker – Eligibility for BPL Bonus Marks – Petitioner’s appointment was annulled by the Commissioner, Rewa Division, on the ground that she erroneously received 10 bonus marks for BPL Category – The petitioner relied on a BPL card issued in the name of her co-sister (Jethani), which was later found to contain overwriting –...
Employment Law – Termination for Poor Performance – Stigmatic Dismissal – The appellant, a former employee of Marriott Hotels, was terminated for allegedly failing to meet minimum performance standards. The Labour Court had ordered reinstatement with 40% back wages, but the learned Single Judge replaced this with three years' salary compensation. The High Court held that the ...
Termination of Government Counsel – Violation of Principles of Natural Justice – Inquiry Based on Unverified Video – Termination Set Aside – The petitioner, who was serving as A.D.G.C. (Criminal) in District Hathras, was removed from his post by an order of the Joint Secretary, Law Department, based on an inquiry report alleging objectionable remarks against Mahatma Gandhi ...
Service Law – Voluntary Retirement – Deemed Acceptance Under Rule 56(k), FRs – The petitioner applied for voluntary retirement under Rule 56(k) of the Fundamental Rules, fulfilling all required conditions, but received no response from the respondents—Held: Rule 56(k) creates a right to voluntary retirement upon fulfilling the prescribed conditions, and if the employer does...
Criminal Law – Quashing of Proceedings – Wrongful Confinement and Human Trafficking – Supreme Court quashes proceedings against Ajay Malik under Sections 343, 370, and 120B IPC – High Court erred in rejecting his quashing petition despite lack of prima facie evidence – Complainant’s statements, no-objection affidavits, and presence of an alternative exit at the ...