Service Law – Departmental Proceedings – Promotion with Retrospective Effect – Appeal Allowed – Appellant was denied retrospective promotion and consequential benefits despite departmental proceedings being quashed – Held: State violated direction in LPA judgment by not promoting appellant from date her junior was promoted – Relief granted including arrears and ...
Compulsory Retirement – Judicial Officer – Adverse ACR in Final Year – Retirement Order Quashed – Held: Sudden integrity doubt based on unverified remarks without inquiry, despite 30 years of good service, arbitrary and vitiated by legal mala fides [Paras 1–4].
Service Law – Compulsory Retirement – Public Interest – Order Set Aside – Petitio...
Service Law – Promotion Post Merger – Seniority Alone Not Sufficient – High Court upheld cadre-based proportional promotion method over seniority-cum-merit in merged cadres [Paras 2–10].
Service Law – Promotion – Proportionate Promotion vs. Seniority-cum-Merit – Writ Petitions Dismissed – Petitioners claimed priority in promotion based on seniorit...
Sexual Assault by BSF Personnel – Conviction by GSFC under POCSO – Challenge to disciplinary proceedings and sentence of dismissal with imprisonment – Held: No procedural violation warranting interference – Petition dismissed – Sections 46 BSF Act, 10 & 29 POCSO Act applied [Paras 12-42].
Court-Martial Proceedings – Scope of Judicial Review – Articl...
Service Law – Termination of University Employee – Mala fides and Vindictiveness – Fourth termination order challenged – Allegations of forged Ph.D. degree and misuse of salutation “Dr.” – Petitioner denied ever submitting any Ph.D. certificate – Proceedings found to be initiated only after petitioner lodged sexual harassment complaint against Regist...
Family Law - Senior Citizens Act – Scope of Maintenance under Section 9 – Lump Sum Compensation of ₹5,00,000/- Ordered by Tribunal – Quashed – Tribunal granted ex parte order directing children to pay ₹5,00,000/- compensation to senior citizen parents and restore possession – Held: Act provides only for recurring maintenance up to ₹10,000/- per month under Secti...
Industrial Disputes—Section 11A—Scope of interference by Tribunal—Domestic enquiry held fair—Tribunal cannot re-appreciate evidence as an appellate forum – Tribunal and High Court exceeded jurisdiction by re-evaluating evidence after the enquiry’s fairness had attained finality – Held: Interference impermissible when Disciplinary and Appellate Authorities&...
Service Law - Reserved Category Migration – Standing Orders 78 & 85 – Revised Directive No. 29 – DoPT OMs – Two Appeals – Reserved candidates who availed relaxation in age/physical measurements sought migration to UR vacancies – High Courts allowed – Held: Standing Order 85 (Clause 14(f)) bars such migration, overrides Standing Order 78 – D...
Civil Writ - Public Employment – Appointment on Forged Documents – Termination – Held: Appointment obtained through forged and fabricated certificate is void ab initio – Fraud vitiates all – No equity, estoppel, or statutory right arises from such fraudulent employment – Petitioner cannot claim protection under service regulations or Article 311(2) when initial ...
Service Law – Writ - Compulsory Retirement – Public Interest – Clause 22(2) FCI Staff Regulations – Writ Dismissed – Petitioner challenged the order of compulsory retirement and subsequent rejection of representation, contending non-consideration of satisfactory service record in preceding five years and recent promotion – Held: Reviewing Committee rightly consi...