Service Law – Pensionary Benefits – Applicability of MCSR 1982 – Deceased government servant appointed post-01/11/2005 was under DCPS – Upon death before 10 years of service, nomination under DCPS was invalid as it was made under MCSR 1982 – Subsequent GR dated 31/03/2023 extended family pension under MCSR to employees who died between 01/11/2005 and 31/03/2023 &ndash...
Service Law – Police Misconduct – Removal from Service – Respondent, a Sub-Inspector, lost ₹17,314 and a service revolver with ammunition while disobeying specific instructions to travel with departmental convoy – Departmental inquiry held charges proved – Competent authority ordered removal – Appellate authority and Single Judge of High Court upheld penalty &...
Service Law – Disciplinary Proceedings – Natural Justice – Dismissal of Temporary Employee – Article 311(2) – Respondent, a forest guard, dismissed from service following an enquiry conducted by officer who had investigated the matter and acted as complainant, prosecutor, and judge – No departmental witnesses examined – No opportunity for cross-examination...
Service Law – Eligibility under Reserved Quota – Appointment in TGT Post – Appellant working in 100% Government-aided Minority School applied under 25% quota reserved for Government Elementary School teachers – Selection process conducted and appointment letter issued based on recommendation of District Education Establishment Committee – After one year, appointment c...
Service Law – Recruitment – Medical Examination – Candidate (ST woman) qualified prelims, mains, interview and document verification – Rejected for not appearing in medical test scheduled for “next day” after interview – Ambiguity in advertisement regarding date of medical test and no penal consequence prescribed – Held: Rejection disproportionate &n...
Service Law – Pension and Gratuity – Withholding of Retiral Dues – Respondent retired in June 2013 – Department withheld pension and gratuity citing non-vacation of government residence – Supreme Court held such withholding illegal – Pension and retiral benefits are not a bounty but a matter of right – Delay in payment not justified merely due to continued...
Service Law – Lecturer Appointment – Rule Applicability – Appellant selected as Lecturer in History in 2006 under Assam Government Aided Junior College Management Rules, 2001 – Age condonation granted by Government for 2 years 7 months – Appointment approved and 18 years of continuous service rendered – High Court Division Bench wrongly applied Rule 19(iv) of As...
Judicial Services – Eligibility Criteria – Telangana State Judicial Service Rules, 2023 – Rule 5(5.1)(a) restricting eligibility to advocates practicing in Telangana High Court or its subordinate courts for not less than 7 years – Petitioners challenged rejection of their applications on ground of discrimination and violation of Articles 14 and 233 – High Court dismis...
Service Law - Probationary Service – Article 311(2) – Non-stigmatic termination during probation upheld – Writ petitions dismissed [Paras 25-34].
Issues for Determination – Validity of initiation of disciplinary proceedings by competent authority – Compliance with principles of natural justice – Whether termination order is stigmatic/punitive attracting Artic...
Service Law – Regularization – Long-Term Engagement Without Absorption – Petition Dismissed – The petitioner claimed continuous service under BCCL since 1979 as a piece-rated worker and sought regularization and pensionary benefits – Held: There was no official appointment or evidence of sanctioned post – Despite long engagement, petitioner failed to demonstrate...