Service Law - Writ of Certiorari – Quashing Endorsement Dated 05.08.2017 – Petitioner's claim for interest on delayed payment of salary and difference of salary during suspension period – Respondent's refusal based on lack of provisions in service regulations – Issue addressed under Articles 226 & 227 of the Constitution of India. [Para 1]
Protracte...
Service Law - Increment Entitlement after Retirement – Government servants retiring on June 30th entitled to increment due on July 1st – Petitioners, retired government servants, seeking increment and consequential benefits – Reliance on judgments of various High Courts and the Supreme Court affirming this entitlement. [Para 3, 5.1, 5.2]
Legal Position on Grant of In...
Suspension Order and Employee Rights – Appeal against temporary injunction preventing the appellant from obstructing the respondent's office work – Challenge to the legality of the suspension order issued by the appellant organization – Alleged procedural irregularities and bias in suspension proceedings. [Paras 2-5, 20-23, 26-27, 29-31, 33-34, 36-37, 39, 43-44, 46-47, 49]
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Service Law - Maintainability of Writ Petition – Recruitment Process of Central/Delhi Government – Jurisdiction under Article 226 barred by Section 14 of Administrative Tribunal Act, 1965 – Petition not maintainable in High Court .
Petitioner's Circumstances – Cleared Tier-I and Tier-II examinations – Missed deadline for renotified examination following Supreme...
Workman Status – Nature of Employment – Determination based on Work Profile and Burden of Proof – Labour Court erroneously determined employee as ‘workman’ solely based on management witness’s negative statements during cross-examination – Employee’s failure to provide material on nature of work performed – Court’s selective use of eviden...
Service Law - Dismissal from Service – Disproportionality of Punishment – Petitioner challenging orders of Summary Security Force Court (SSFC) and Directorate General BSF – Alleged disproportionate dismissal from service for using threatening and insubordinate language towards superior officer and another constable, and conduct prejudicial to good order and discipline – Hig...
Pensionary Benefits – Counting of Seasonal/Contract Service for Pension – Petitioners seeking inclusion of seasonal/contract service period for qualifying service for pension under Articles 226/227 of the Constitution of India – Service rendered on an ad-hoc basis by petitioners before their regularization in 2004 not sufficient for pensionary benefits under old pension scheme &n...
Promotion Policy and LDCE Notification Challenge - Petitioner challenges circular dated 13.11.2023 on eligibility criteria for LDCE in DGM (E-4) Grade in Finance Cadre of IRCTC - Questions the arbitrariness of setting the cut-off date as 13.11.2023 instead of 01.07.2022 per IRCTC promotion policy - Argues for retrospective effect on promotion from 01.07.2022. [Paras 1-4, 14-15, 18-20]
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Promotion and Seniority Dispute – Challenge against seniority list by petitioners, who were promoted to Havildar Instructors and then to Platoon Commanders. Dispute arises due to the retrospective effect of promotions not being acknowledged in the seniority list. [Para 2-5, 10]
Administrative Orders and Rectification – Respondent authority's right to rectify promotion orders, ne...
Service Law - Promotion and Seniority in Employment – Cochin Port Trust – Contested Promotion of Senior OCIOA: The appeal contests the Single Bench's decision which favoured the respondent’s promotion to Senior OCIOA over the appellant. The bench considered the appellant's unauthorized absence as a break in service, affecting his seniority and eligibility for promotion. [...