Service Law – Appointment Validity – Retrospective Application of Rules – The petitioners were appointed as teachers and non-teaching staff before the enforcement of the 1978 and 1984 Rules, which mandated training qualifications and a prescribed selection procedure – The institution received temporary and permanent recognition in 1980 and 1984, and was included in the gran...
Service Law - Civil Law – Reservation in Promotion – Cadre of Head Teachers – Petition filed challenging the benefit of reservation to scheduled caste candidates beyond their entitled quota in promotions to Head Teachers – Petitioners contended that 20% quota for reserved category candidates had been exhausted – High Court directed the State to ensure that reservation...
Industrial Dispute – Termination of Workman – Validity of Domestic Inquiry – Petitioner challenged the termination order and the Labour Court's decision – Workman dismissed for misconduct, including physical assault on a superior and a co-worker – Domestic inquiry upheld by the Labour Court – Petitioner failed to challenge the inquiry's fairness earlier ...
Service Law – Termination – Probationer – Whether termination of a judicial officer during probation can be retrospectively reinstated – Held, once the termination order is set aside, the employee is deemed to be in service and is entitled to reinstatement and back wages – Supreme Court directs the High Court and the State to reinstate the appellant into service and a...
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...
Public Interest Litigation – Challenge against Police Transfer Orders – Bombay High Court – Petition challenging the validity of the transfer orders issued by the Joint Commissioner of Police (Administration), Mumbai, transferring certain police officers within the Mumbai Police Commissionerate contrary to the mandates of Section 22N of the Maharashtra Police Act, 1951, as amende...
Family Pension – Entitlement of Disabled Dependent – Petitioner, suffering from 60% disability, claimed family pension following the death of his mother. His claim was rejected by the Senior Accounts Officer on grounds of his prior ability to run a public call office (PCO). The High Court found the rejection improper, noting the petitioner’s entitlement under the government order...
Service Law – Repatriation of Employees – After the bifurcation of Andhra Pradesh, APSRTC employees were repatriated to their parent zones under TSRTC – High Court quashed the repatriation orders and directed permanent allocation to deputational posts – Supreme Court held that the High Court’s reliance on Section 77 of the Andhra Pradesh Reorganisation Act, 2014 was m...
Service Law – Compassionate Appointment – Rule 4(1) of Haryana Civil Services (Compassionate Financial Assistance or Appointment) Rules, 2019 – Petition for ex-gratia employment – Rule 4(1) restricts eligibility to cases where deceased employee was less than 52 years old at the time of death – Petitioner's father was 56 years old – Petitioner not entitled to...
Service Law – Assured Career Progression – Technical and Non-Technical Pay Scales – Writ petition seeking quashing of the order that rejected the petitioner’s pay fixation in the pay scale of Rs. 5200-20200 + GP 3200 as the first ACP from 01.02.2006 and reduced his pay. The petitioner was granted a technical pay scale earlier, which should be treated as the functional pay s...