Service Law - Temporary Employment – Principles of Engagement and Termination – Public Employment Rules – Respondent engaged as a Computer Technician for a fixed term of one year or until regular selection – Termination before the term's expiry was non-stigmatic – Held: Temporary engagement cannot confer rights akin to regular employment – In absence of regu...
Service Law – Deputation vs. Direct Recruitment – Promotion – The respondent, originally appointed on deputation as Manager (Technical), was later repatriated to his parent department before rejoining the appellant through direct recruitment – Respondent sought recognition of deputation service for promotion eligibility – Held: Repatriation constituted a clear break i...
Employee Date of Birth Discrepancy – Respondent no.3, employed at Barsua Iron Ore Mines, declared different dates of birth during his employment – Initially declared 27.12.1948, later changed to 12.03.1955 – Discrepancy affected retirement date and subsequent claims. [Paras 4-7, 16-17]
Submission by Appellant – Appellant argued against the change in date of bir...
Service Law – Permanent Commission – Discrimination – Appellant, a Short Service Commissioned (SSC) officer in the Army Dental Corps, was denied a third chance for permanent commission due to amendments to age relaxation policies introduced in 2013 – Appellant sought parity with other officers granted permanent commission by Armed Forces Tribunal (AFT), Principal Bench, in ...
Service Law - Recruitment Policy – Prescribing Qualifications – Role of Employer – Judicial Restraint – The determination of eligibility criteria, including minimum qualifications for a post, lies exclusively within the domain of the employer. Courts cannot interfere with recruitment policies or expand the ambit of prescribed qualifications through judicial interpretation. ...
Service Law – Citizenship and Termination of Service – Delay in Verification – Principles of Natural Justice – Termination Held Arbitrary – Appellant served for 26 years before termination based on police report from 2010 – Tribunal quashed the termination for lack of personal hearing and detailed reasons – High Court erroneously restored the termination &...
Service Law – Superannuation – Applicability of Revised AICTE/UGC Regulations – Appellant, Director at CSI Institute of Technology (CSIIT), contested his retirement at sixty years of age, citing amended AICTE/UGC regulations that raised the age of superannuation for teachers to sixty-five years – High Court dismissed his Writ Petition, affirming sixty years as the retiremen...
Service Law – Pension – Petitioner sought pension entitlement from the date of retirement – Contention that extension period post-retirement should be included in qualifying service – High Court held that the service rendered during the session-end benefit period must be calculated towards regular service, thereby meeting the qualifying service requirement for pension &ndas...
Disciplinary Proceedings – Compulsory Retirement – Appellant bank challenged the decision of the Single Judge, which had set aside the disciplinary proceedings against the respondent – Charges included tardy action and unauthorized loan sanctioning – Inquiry officer found most charges proved except charge no. 23 – Single Judge remanded the proceedings for reconsiderat...
Employment Law – Termination due to Concealment of Criminal Case – Appellant challenged the termination of his services by the District Judge, Etah, following police verification revealing a pending criminal case – High Court emphasized the necessity for candidates to disclose pending criminal proceedings honestly – Held that concealment of material facts in an affidavit at...