Administrative Law – Reinstatement and Appointment Process – Petitioner challenged his removal from the post of Panchayat Teacher and sought quashing of the appointment of Respondent No. 10 – Petitioner initially appointed as Panchayat Shiksha Mitra, later converted to Panchayat Teacher under the 2006 Rules – Complaint by Respondent No. 10 led to the cancellation of petitio...
Civil Law – Termination of Contractual Employment – Stigmatic Termination Without Inquiry – The Supreme Court quashed the termination order of an Assistant Project Coordinator (APC) under the Sarv Shiksha Abhiyan (SSA) by the State of Madhya Pradesh – The Court found that the termination, alleged to be based on unsatisfactory performance, was stigmatic in nature and issued ...
Service Law – Grant of Increment to Technical Personnel on Acquiring Ph.D. Qualification – Differentiation between Scientific and Technical Staff – Supreme Court sets aside the High Court’s decision upholding the Tribunal’s order granting two advance increments to technical personnel upon acquiring a Ph.D. degree – Held, scientists and technical staff belong to ...
Service Law – Entitlement to Pensionary Benefits – Appellants classified as temporary employees of the Special Frontier Force (SFF) under the Compulsory Saving Scheme Deposits (SSD) Fund challenged the denial of pensionary benefits under the 6th Central Pay Commission (CPC) – Tribunal and High Court rejected claims on the ground that the appellants were not government servants &n...
Service Law – Regularization of Appointment – Doctrine of Legitimate Expectation – Denial of Confirmation in Lien Vacancy – High Court's Dismissal Reversed – Challenge to the High Court’s decision upholding the resolution of the Executive Council of Tripura University not to confirm the appellant in the post of Assistant Professor in Law despite the vacation...
Service Law – Termination – Acquittal in Criminal Case – Petitioner, an Anganwadi Worker, terminated without enquiry due to ACB case pendency – Court held termination illegal post-acquittal in criminal case, emphasizing principle of “innocent until proven guilty” – Mere pendency of criminal proceedings insufficient for termination without due enquiry [Para...
Exemption from Fees – Market Fee vs. Rural Development Fee – Appeal against the denial of exemption from Rural Development Fee under the 2003 Industrial Policy – Respondent sought exemption, claiming similarity with other industries granted such benefits – High Court dismissed initial writ and subsequent modification application – Supreme Court finds both fees distinc...
Pay Scale Revision – Historical Context – Controversy centered on the pay scale revisions of SDI/ABSA and DBSA compared to Headmasters following the Fifth Central Pay Commission's recommendations – The 2001 Order revised Headmasters' pay scales but not SDI/ABSA and DBSA, leading to perceived discrepancies [Paras 4-10].
Doctrine of Merger – Application &...
Service Law – Disciplinary Proceedings – Bank employee accused of temporary misappropriation of Rs. 35,000 – Initial punishment of discharge from service by disciplinary authority – Central Government Industrial Tribunal modified penalty to reinstatement with 50% back-wages and stoppage of two increments – Single Judge partially upheld Tribunal’s decision, modif...
Service Law – Pay Revision and Recovery Notice – Petitioner, initially appointed as a daily wager and later receiving a fixed salary, challenged the recovery of alleged excess salary based on audit objections. High Court quashed the impugned order and recovery notice, directing proper pay revision and payment of arrears [Paras 1-12].
Procedure under Articles 14, 16, and 22...