Civil Writ - Service Law – Compassionate Appointment – Claim for Higher Rank – No Policy Exists – Petition Dismissed – The petitioner sought appointment as Sub-Inspector or Assistant Sub-Inspector claiming parity with other individuals whose family members served as spies and were imprisoned in Pakistan – Held: There is no express or implied policy of the Punjab...
Service Law – Regularisation – Omission from Earlier List – Entitlement Established – The Travancore Devaswom Board sought permission to regularise the services of three additional respondents who had completed five years of service as on 31.03.2012 – Their omission from the list regularised pursuant to judgment dated 31.05.2012 in W.P.(C) No. 6021/2011 was inadverten...
Service Law – Lokayukta Enquiry – Preliminary Memorandum Issued by Deputy Registrar – Not Invalid – Petitioner challenged departmental enquiry alleging procedural illegality under Section 9(3) of the Karnataka Lokayukta Act, contending only Lokayukta/Upa-Lokayukta could issue preliminary notice—Held: Though issued by Deputy Registrar, it was under Upa-Lokayukta’...
Service Law - Service Jurisprudence – Change in Cadre Structure – District Cadre to State Cadre – Notification Challenged – Notification upheld - Petitioners, serving as Senior Assistants and other clerical staff, challenged the notification dated 03.10.2023 converting posts from district/division cadre to State cadre – Held: The notification does not infringe upon an...
Service Law – Redesignation of Posts – Distinction Between Schemes – Appeal Dismissed – Appellant was appointed as Junior Field Officer (JFO), Group B, but was redesignated as Carpet Training Officer (CTO), Group C, in 1978 – Claimed entitlement to be treated as Handicrafts Promotion Officer (HPO) like other JFOs – Held: JFOs in Carpet Scheme and Marketing Schem...
Service Law – Dismissal from Service - Disciplinary Proceedings – Validity of Dismissal – Principles of Natural Justice Not Violated – The appellant alleged procedural violations including non-supply of documents and prolonged inquiry – Held: No prejudice shown to have been caused by these omissions – Rules of natural justice require real, not technical, prejudi...
Simultaneous Proceedings – Departmental Inquiry and Criminal Trial – Petitioners challenged the departmental inquiries initiated during the pendency of their respective criminal trials – Common witnesses in both proceedings cited as a reason for stay – High Court referred to Supreme Court precedents emphasizing that both proceedings can proceed simultaneously unless complic...
Service Law - Medical Reimbursement – Heart Transplant at Non-Empanelled Hospital – Petition Allowed – Petitioner underwent urgent heart transplant at a private hospital due to non-availability of CGHS-empanelled hospitals in Mumbai with necessary license and expertise – Held: Denial of full reimbursement on grounds of CGHS rate limitations and 'planned' nature of s...
Civil Writ – Service Law - Performance Appraisal – Role of IAS Officers in IFS PAR – Government Order Quashed – Government of Madhya Pradesh issued a G.O. on 29th June 2024 allowing IAS officers to participate in the appraisal of IFS officers – Held: Such appraisal structure is contrary to Supreme Court’s binding rulings in Santosh Bharti and P.C. Wadhwa cases &...
Judicial Service – Age of Superannuation – Petition seeking enhancement of retirement age for subordinate judicial officers from 60 to 62 years in Madhya Pradesh – Petitioners contended parity with State Government employees – Held: No prohibition under earlier Supreme Court directions to increase retirement age – Court clarified that enhancement to 61 years is permis...