Service Law – Reinstatement – The Supreme Court noted that the original writ petitioner, Sandeep Kaushik, would be approximately 49 years of age, and the retirement age for drivers is 55 years – Given the changes in circumstances and that the original petitioner would need to clear a driving test, the Court held that actual appointment was not feasible – Directed the paymen...
Compassionate Appointment – Eligibility Criteria – The Supreme Court held that compassionate appointment cannot be granted merely on the death or incapacitation of an employee – It must be in accordance with the scheme framed by the employer, which may include financial criteria to determine the indigence of the family – The Court emphasized that the aim of compassionate ap...
Retirement Age of College Teachers – The Supreme Court held that the enhancement of the retirement age of college teachers in Kerala to 65 years is within the domain of the State Government – The policy of the State Government mandating retirement at 56 years for teachers of aided affiliated colleges and at 60 years for university teachers is crystallized by enactments under Article 30...
Service Law – Rejection of Candidature – Use of Different Languages in Application and OMR Sheet: The Supreme Court upheld the rejection of the respondent’s candidature for using different languages in the application form (English) and the OMR answer sheet (Hindi), which violated the advertisement instructions. This was deemed a significant procedural requirement intended t...
Rights of Migrant Labourers – Registration and Welfare Schemes – Article 21: The Supreme Court directed the Central Government to develop a portal in consultation with the National Informatics Centre (NIC) for the registration of unorganized labourers/migrant workers. It emphasized the necessity of completing the registration process under the National Database for Unorganised Wor...
Army Law – Disability Pension – Administrative Discharge – Respondent discharged on administrative grounds under Rule 13(3) III(v) of Army Rules, 1954, not on medical grounds – Claim for disability pension filed 20 years after discharge not entertained – Tribunal erred in ordering Review Medical Board to assess disability [Paras 1-27].
Entitlement Rules &...
Service Law - Appointment on Basis of False Caste Certificate - Employment Secured through False Pretenses - The respondent obtained employment as a Management Trainee (Technical) under the Scheduled Tribe (ST) quota at Bhilai Steel Plant using a false ST certificate. The High-Level Caste Scrutiny Committee later found the respondent belonged to the Halba/Koshti community, categorized as Other Bac...
Service Law – Direct Recruitment – Inter-se merit list – Preparation of inter-se merit list of selected candidates is inevitable even in the absence of an explicit provision in the rule or policy. The recruitment authority cannot place the candidates inter-se in the select list under the rule of thumb or by adopting a methodology inconsistent with the spirit of Articles 14 and 16...
Service Law – Selection Criteria – The Board of Examiners altered the selection criteria by introducing interviews and merit-based assessments not prescribed by the statutory rules. The eligibility and procedure for promotion from Class-IV to Class-III positions, as per the Executive Council’s rules, emphasized seniority and passing departmental tests without mandating interviews...
Service Law – Civil Judges Selection – The Supreme Court held that the rejection of candidates on the technical ground of non-production of original certificates at the time of the interview was improper, unjustified, and not warranted. The Court noted that there were vacancies available, which, if filled by meritorious candidates, would benefit the institution by helping in the dispos...