Service Law – Academic Arrangement Lecturers – Constitutional Validity of Exclusion from Regularization – Upheld – Petitioners appointed on academic arrangement basis sought regularization and struck down of Section 3(b), 10(2), and 10(2A) of the J&K Civil Services (Special Provisions) Act, 2010 – Held: Classification excluding academic arrangement appointees from...
Employment Law - Compassionate Appointment – Married Daughter – Dependency Requirement – Appeal Partly Allowed – Deceased Eastern Coalfields employee’s widow (aged above 45), married daughter, and son-in-law sought compassionate appointment under NCWA—Clause 9.3.3 (excluding married daughters) declared unconstitutional by Single Judge with prospective effect; cl...
Service Law – Recruitment Cancellation – Statutory Rules vs. Executive Instructions – Executive instructions cannot override statutory rules framed under proviso to Article 309 – NRP 2018 being an executive policy lacked statutory force – Recruitment process under Tripura State Rifles Act/Rules, TCS/TPS Rules, and Boilers Act governed by statutory framework – He...
Service Law – Dismissal from Police Force – Rule 16.2(1) of Punjab Police Rules – Repeated Absence Amounts to Gravest Misconduct – Dismissal Justified - Respondent constable remained repeatedly absent from duty during a short service period of less than seven years – Departmental inquiry initiated for fourth absence and due process followed – Held: Disciplinary ...
Service Law - Disciplinary Proceedings – Interference with Findings – Article 136 of Constitution – Appeal Dismissed – The appellant, a CISF constable, was charged with misconduct for being found in a civilian residential area without justification, resulting in public uproar – Though charge of leaving camp without permission was not sustained, the Supreme Court uphel...
Service Law – Seniority Dispute – Bona Fide Correction Permissible – Appeal Dismissed – Appellant's seniority was initially fixed on the basis of incorrect date of appointment (01.01.1978 instead of 17.01.1978) – Upon correction, his position was changed from Serial No.23 to 47-A – Held: Authorities have the right to rectify bona fide mistakes in seniority l...
Service Law - Fraudulent Appointment – Use of Forged Documents – Appointment Cancelled - The petitioner was appointed as Assistant Teacher in 2010 but his appointment was cancelled in 2022 on the grounds that forged educational documents and identity were used – The Court found discrepancies in the petitioner’s PAN, Aadhar, B.T.C. Certificate, and academic documents, indica...
Service Law – Recruitment Process – Cancellation of Earlier Notification – Fresh Notification Valid – The erstwhile AP-Transco had initiated a recruitment process in 2011-12 which could not be completed due to litigation over weightage marks – Upon bifurcation of the State, TS-Transco issued a fresh notification in 2017 for Sub-Engineer (Electrical) posts and cancelle...
Service Law - Equal Pay for Equal Work – Contractual Assistant Professors – Minimum of Pay Scale Directed – Lecturers appointed on contractual basis in Government Engineering/Polytechnic Colleges claimed parity with regularly appointed and ad hoc Assistant Professors – Held: When duties and functions are identical, contractual status cannot justify discriminatory treatment ...
Service Law - Departmental Proceedings – Scope of Punishment under Section 11 CRPF Act – Dismissal Set Aside – Respondent constable was dismissed from service after being found under influence of alcohol and negligently damaging a cycle while on duty – Disciplinary action taken under Section 11 of the CRPF Act meant for minor punishments – Held: Dismissal being a majo...