Service Law - Gratuity Claim – Applicability of Gratuity Act, 1972 to Teachers of Basic Institutions – Exclusion Confirmed – The appellant, a retired Headmaster from a basic institution, claimed gratuity under the Payment of Gratuity Act, 1972 after superannuation at age 64 without opting for early retirement under State schemes – Held: Teachers of basic institutions hold p...
Service Law - Retrenched Employees – Absorption under Rules of 1991 – Denied Due to Repeal – Claims Dismissed – Petitioners, ex-employees of U.P. Cement Corporation, claimed right to absorption citing 1991 Rules and Supreme Court’s ruling in Sunil Kumar Verma – Held: The 1991 Rules were rescinded by 2003 Rules and deemed rescinded retrospectively by Act of 2009 ...
Service Law - Gratuity to Aided School Teachers – Applicability of Payment of Gratuity Act – Teachers of Aided Schools Governed by Pension Rules – The Court held that though teachers are generally entitled to gratuity under the Payment of Gratuity Act, teachers in aided schools in Maharashtra are covered by Maharashtra Civil Services (Pension) Rules, 1982 – Held: Such teach...
Civil Writ - Recruitment Examination – Challenge to Second Written Test under Madrasah Service Commission – Writ Petitions Dismissed – The batch of writ petitions was filed challenging the notices dated 05.08.2024 and 09.08.2024 issued by the West Bengal Madrasah Service Commission, which allowed previously eliminated candidates from the 2011 selection process to appear in a seco...
Service Tax – Healthcare Services Exemption – Section 73 of Finance Act – Cord Blood Stem Cell Banking Covered Under Healthcare Services – Supreme Court held services of enrolment, collection, processing, and storage of umbilical cord blood stem cells fall within “Healthcare Services” under Notification No. 25/2012-ST – Held: Such services are preventive i...
Service Law – Reservation for BC Category – Requirement of Fresh BC Certificate – Validity of Certificates – Rejection of Candidature Arbitrary – Candidates applied for recruitment to the post of Constable (General Duty) under BC-A/BC-B category – Their candidature was rejected on the ground that caste certificates were issued before 01.04.2023 – Held: No ...
Judicial Service Law - Strictures Against Judicial Officer – Principles of Natural Justice – Unwarranted Strictures Expunged – Appeal Allowed – The appellant, a Judicial Officer in Rajasthan, challenged the adverse remarks made by the High Court against him while granting bail to an accused without considering criminal antecedents – The Supreme Court held that the Hig...
Service Law - Pension Reduction – Regulation 33 of Pension Regulations – Requirement of Prior Consultation – Decision Quashed – The appellant was compulsorily retired and granted only two-thirds pension without consulting the Board of Directors as mandated under Regulation 33 of the Pension Regulations, 1995 – Supreme Court held that prior consultation with the Board ...
Criminal Law - Concurrent Running of Sentences – Right to Life and Personal Liberty – Direction Issued – Writ Petition Allowed – The petitioner challenged the cumulative sentence of nine years resulting from six convictions under Section 136 of the Electricity Act, all awarded on the same day on basis of plea bargaining – The Court noted non-exercise of discretion und...
Service Law - Family Pension – Death in Harness of Substitute Railway Employee – Completion of One Year’s Service – Pension Entitlement Recognized – Appeal Allowed – The Appellant, widow of a substitute railway employee who died after 9 years and 8 months of service, was denied family pension by Railway Authorities citing non-regularisation and less than 10 year...