Civil Writ - Service Law – Police Discipline – Unauthorized Absence – Quantum of Punishment Reduced - Petitioner was absent for 24 hours and 20 minutes and faced departmental action – Initially dismissed, later penalty reduced to forfeiture of 10 increments with permanent effect – Held: Punishment disproportionate to misconduct – Absence not in context of hostil...
Labour Law – Termination of Employment – Reinstatement – Petitioner (Cognizant Technology Solutions Pvt. Ltd.) challenged the Appellate Authority’s order directing reinstatement of the 2nd Respondent (Sivakumar Krishnamurthy) – Authority found the termination was not for a reasonable cause and amounted to punitive action – No domestic enquiry conducted as mandat...
Civil Writ - Service Law - Disciplinary Proceedings – Disagreement with Inquiry Officer – Show Cause Notice Deficient – Punishment Quashed - Petitioner was exonerated by the Inquiry Officer on charges related to supervision of school building construction – Disciplinary Authority disagreed and imposed minor penalty without stating reasons in show cause notice – Held: ...
Service Law – Writ - Army Officer Dismissal – Refusal to Participate in Regimental Religious Rituals – Dismissal Upheld – Petitioner, a Christian Army officer, declined to enter the sanctum sanctorum of Mandir/Gurudwara during religious parades citing faith-based reasons – Held: His conduct constituted willful disobedience of lawful command under Section 41 of the Arm...
Service Law – Non-disclosure of Criminal Case – Minor Offence – Appointment Restored – The appellant-State challenged the order directing appointment of a Scheduled Caste candidate on the ground of alleged suppression of a pending criminal case in the verification form – Held: The criminal case pertained to minor offences arising from a boundary wall dispute and was n...
Service Law – Seniority and Promotion – Delayed Departmental Test – Petitioners challenged restoration of seniority and subsequent promotions of private respondents who cleared departmental test after prescribed probation period—Held: Promotions regularised by Board in 2020; challenge rendered infructuous—Petitioners’ earlier qualification did not override Board...
Service Law - Pension - Pension Arrears – Switch from CPF to Pension Scheme – RBI Circulars of 2020 – No Arrears Payable – Respondent retired in 2014 and later exercised option under 2020 RBI Circulars to switch from CPF to Pension Scheme – RBI provided that pension would only be paid prospectively from 01.07.2020 – Supreme Court upheld validity of this cut-off ...
Service Law - Organised Group-A Service Status – Full Recognition of CAPFs as OGAS – DoPT OM Binding – High Court Error – The Court clarified that its earlier decision in Harananda (2019) was not limited to NFFU but affirmed full OGAS status for CAPFs – Held: Once declared OGAS, CAPFs must be treated as such for all cadre matters – High Court's failure to co...
Service Law - Disability Rights – Regularisation Under G.O. – Denial of Probation and Promotion – Held Discriminatory – Appellants, all persons with benchmark disabilities, were reappointed under G.O. dated 18/05/2013 to supernumerary posts after temporary service under Rule 9(a)(i) KS & SSR – Subsequently denied declaration of probation and promotional avenues by...
Service Law – Absorption of Employees – Right to Pension – Functional Integration – Absorbed Employees Entitled to Pension – Absorbed employees from dissolved electricity co-operative societies claimed parity in pension benefits with regular MPSEB employees – Supreme Court held that once absorbed, these employees are entitled to pension under MPSEB from date of ...