Labour Law – Territorial Jurisdiction – MRTU & PULP Act – Situs of Employment – Cause of Action – Head Office as Nerve Centre – GlaxoSmithKline Impliedly Overruled – The Division Bench of this Court in GlaxoSmithKline Pharmaceuticals Ltd. held that the situs of the employee’s employment alone governs territorial jurisdiction – Held: This vi...
Service Law – Recruitment – Withdrawal of Relaxation – Village Horticulture Assistant – Notification dated 10.01.2020 issued to fill 1783 leftover posts from earlier 2019 recruitment – Government initially relaxed educational qualifications through Corrigendum dated 30.01.2020 and Memo dated 01.05.2020 allowing in-service candidates (MPEOs, MIAOs, MIDCs) with B.Sc (BZ...
Service Law – Transfer – Panchayat Secretaries – Effect of District Bifurcation – Appellants transferred outside their preferred native district after bifurcation of Y.S.R. Kadapa District into Kadapa and Annamayya – Petitioners contended that transfer orders issued by the District Collector failed to consider online counselling options and contravened G.O.Ms.No.5 dat...
Armed Forces – Recruitment – Medical Disqualification – Liver Function – Petitioner disqualified from Agniveervayu selection process due to abnormal liver function tests – Medical guidelines under Clause 83 of the Manual of Medical Examinations specify disqualification only in cases such as Grade II/III fatty liver, SOL, or portal hypertension – Court held: Mere...
Service Law – Recruitment Cancellation – Prospective Candidate’s Right – Advertisement No. 2 of 2016 invited applications for Assistant Professors – Petitioner No.2 appeared for interview and was found selected – Chancellor annulled process citing UGC amendments and ongoing litigation – Held: Cancellation was arbitrary since the amendments were prospective...
Labour and Service Law – Gratuity – Applicability of Government Notified Ceiling – Regulation 107 – Interpretation – Respondents retired between 2018–2019 from AFC – Gratuity paid with ceiling of ₹7 lakhs as per 2012 Office Order – Held: Regulation 107 of the 2007 Staff Regulations specifically provides gratuity to be paid as per internal formula o...
Service Law – Inter se Seniority – Assistant Commandants in SSB – Seniority lists issued in 2020 challenged by promotees, LDCE appointees, and direct recruits – Issue revolves around whether seniority should be fixed under Rule 5(2) (order of selection) or Rule 5(3)(iv) (date of continuous appointment) of the 2010 Recruitment Rules – Court holds that 2003 Rules stood ...
Service Law – Terminal Benefits – Gratuity and Provident Fund – Original writ petitioner was the dependent and physically incapacitated brother of deceased Assistant Teacher who died in service – Succession certificate obtained – Court held that even though not a minor, incapacity due to disability qualifies as dependency under Clause 5(s)(1) – Directed authorit...
Service Law – Anganwadi Selection – Challenge to Selection Process – Appellant alleged denial of marks for experience and bias in interview process – However, no certificates substantiating claims were produced before Selection Committee – No selected candidate was impleaded – Held: Mere general allegations without proof or proper parties cannot vitiate selectio...
Service Law – Departmental Enquiry – Proof of Charges – TTE dismissed for alleged demand of illegal gratification and possession of excess cash – Primary complainant not examined and his written statement relied upon without opportunity for cross-examination – Other complainants did not support prosecution version – Held: Non-examination of key witness and contr...