Service Law – Equal Pay for Equal Work – The Supreme Court upheld the High Court's decision that the appellants, appointed as Shiksha Karmis under the Shiksha Karmis Rules 1998, are not entitled to the same pay-scale as Municipal teachers appointed under the Rules 1968. The Court found that Shiksha Karmis and Municipal teachers are governed by different rules with different methods...
Public Service – Promotion and Direct Recruitment – Applicability of Rules – Appeals challenging the High Court's directive to fill vacancies as per the old rules – High Court applied the principle from Y.V. Rangaiah v. J. Sreenivasa Rao, holding vacancies arising prior to rule amendments should be filled by old rules – Supreme Court reviews and restates the princ...
Insurance Claim – Stolen Vehicle – Technical Grounds for Denial – The insurance company refused to settle the claim due to the non-submission of the duplicate certified copy of the certificate of registration, which the appellant could not produce because the details were locked by the RTO following the theft report. The Supreme Court held that the insurance company should not ha...
Service Tax – Manpower Recruitment or Supply Agency – Secondment of Employees – The Supreme Court examined whether the secondment of employees from group companies abroad to the respondent constituted a "manpower recruitment or supply agency service" under Section 65(68) read with Section 65(105)(k) of the Finance Act, 1994. The Court held that the secondment agreement,...
Service Law – Higher Pay-Scale – Delay and Laches – The Supreme Court examined the issue of delay and laches in the appellants' claim for higher pay-scale benefits under the Scheme of Higher Grade Scale. The Court noted that while the appellants were initially granted the higher pay-scale of Rs. 5000-8000/-, the benefit was later withdrawn and revised to Rs. 4500-7000/- by th...
Service Law – Pay Scale – UGC Scale of Pay – Respondent appointed as Librarian-cum-Museum Assistant in an Ayurvedic college sought UGC pay scale as per 1990 Rules – State contended 1990 Rules not applicable as college under Ayush Department – Supreme Court held 1990 Rules applicable to institutions under Higher Education Department, not Ayush Department – Respon...
Service Law – Selection – Posts of Constable (General) – Appellant’s application found with incorrect and incomplete information regarding criminal antecedents – Application liable to be rejected at any stage of selection process – Supreme Court held suppression of material information in application form as ground for rejection of candidature [Paras 2-4].
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Service Law – Extension for exercising the switchover from CPF to GPF – The Pension Regulations and GPF Scheme require employees to opt for either CPF or GPF. The Supreme Court held that employees do not have an inherent right to demand an extension for exercising the switchover option [Paras 1-18].
Service Law – Pension and Provident Fund Schemes – The court d...
Minimum Wages – Correction of Errors – Only clerical or arithmetical mistakes in any order fixing or revising minimum rates of wages can be corrected under Section 10 of the Minimum Wages Act, 1948. The notification dated 23/24.05.2016, which fixed minimum wages including special allowance, was issued after following due procedure. The subsequent errata notification dated 14.07.2016, w...
Service Law – Cancellation of Appointment – The entire selection/recruitment process was found to be fraudulent, including manipulation in the resolution and absence of a valid resolution for the appointment. The cancellation of the appointment was upheld [Paras 6-7].
Judicial Review – Selection Process – The court held that once a selection process i...