Service Law - Promotion Criteria – Petition under Articles 226 and 227 challenging Tribunal's order – Tribunal directed consideration of respondent for Deputy General Manager (Technical) post based on seniority and a 1996 circular – Circular stipulated seniors to be considered for promotion along with juniors if not short by more than half the required qualifying service or 2...
Administrative Law - Departmental Proceedings Against Retired Employee – Appeal under Articles 226 and 227 challenging departmental proceedings – Show cause notice and charge sheet issued post-retirement for transactions dated beyond 4 years – Held, initiation of proceedings beyond 4 years after the event is barred under Regulation 48 – Proceedings must be initiated within ...
Service Law – Recovery of Excess Payments – Misrepresentation and Error – Recovery of increments granted to appellant after ten years of retirement held unjustified – Excess amounts not paid due to any misrepresentation or fraud by appellant – Payments made due to error in interpreting Kerala Service Rules – Equity and judicial discretion favor relief from recov...
Service Law – Forest Guard Training – Appellants, forest guards who stood first in training, sought ranger training – Respondent challenged such training based on administrative orders – Supreme Court evaluated the validity and revocation of orders under the M.P. Class III (Non-Ministerial) Forest Service Recruitment Rules, 1967 [Paras 3-15].
Administrative Ord...
Service Law – Departmental Examination – Grace Marks – Respondent, an ST candidate, secured 43 marks in "Other Taxes" subject, below 45% required for general category – Respondent sought grace marks to qualify as a general category candidate – Tribunal dismissed application, upheld by High Court – Supreme Court held grace marks policy intended to help ...
Service Law – Appointment in General Category – Two reserved category candidates having more marks than the general category candidates appointed were entitled to the appointment in the general category – Seats reserved for OBC category were required to be filled from and amongst the remaining candidates belonging to the OBC category – Exercise of powers under Article 142 o...
Service Law – Regularization – LIC as a statutory corporation bound by Articles 14 and 16 of the Constitution – Ensuring fair and open recruitment process – Supreme Court emphasized that allowing back-door entries into service negates equal opportunity and fairness – LIC cannot be directed to carry out mass absorption without following a fair recruitment process [Para...
Service Law – Dismissal – Submission of False Certificate – The respondent secured employment by submitting a forged SSLC, which was proved in a departmental inquiry. The High Court substituted the punishment of dismissal with reinstatement without back wages. The Supreme Court held that producing a fake certificate is a grave misconduct that justifies dismissal. Interference by ...
Labour Law – Voluntary Retirement Scheme (VRS) – Appellant contested the employer's order treating his date of birth as 21st September 1945 instead of 21st September 1949 – Supreme Court observed inconsistencies in records maintained by the employer and failure to provide the appellant an opportunity of hearing before altering the date of birth in his service book – Cou...
Service Law – Void Appointments – Teachers appointed directly by school management without following statutory procedures – Supreme Court held such appointments to be void ab initio as they contravened statutory provisions – Appointments made without adherence to prescribed rules are unsustainable [Paras 1-32].
Judicial Propriety – Consistency in Tribunal...