Service Law – Disciplinary Proceedings – Delay in Filing Appeal – The appellant, a retired civil servant, challenged the dismissal of his application to set aside a minor penalty of stoppage of increment, citing that his counsel withdrew the earlier application without consent – The Supreme Court set aside the impugned orders, holding that the delay in filing the fresh appl...
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...
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...
Financial Upgradation – ACP and MACP Schemes – Entitlement of Respondent – Challenge to orders directing financial benefits under ACP and MACP schemes to the respondent Ved Prakash on parity with junior colleague Raj Pal – High Court quashes Tribunal orders granting benefits, citing Supreme Court’s non-precedent setting dismissal of Raj Pal’s case – Direct...
Service Law - Maintainability of Writ Petition – Availability of Alternative Remedy – Existence of alternative remedy not an absolute bar against maintainability of writ petition under Article 226 – Statutory appeal against order by President barred by Rule 15 of All India Services (Disciplinary and Appeal) Rules, 1969 – Memorial under Rule 25 not equated to statutory appea...
Employees’ Compensation – Liability of Principal Employer – Appeal against the award of compensation by the Commissioner Employees Compensation Act (Assistant Labour Commissioner) Doda, in favor of the respondent widow – Appellant contended that the deceased was employed by a contractor, not directly by the appellant – High Court held appellant liable as the principal...
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 &...
Family Pension – Entitlement of Disabled Dependent – Petitioner, suffering from 60% disability, claimed family pension following the death of his mother. His claim was rejected by the Senior Accounts Officer on grounds of his prior ability to run a public call office (PCO). The High Court found the rejection improper, noting the petitioner’s entitlement under the government order...
Service Law – Reservation for Disabled Candidates – The respondent, a 100% visually impaired candidate, appeared in the CSE-2008 but was denied an appointment – Central Administrative Tribunal (CAT) and the Delhi High Court directed the Union of India to fill backlog vacancies as per the PWD Act, 1995 – Supreme Court upholds CAT and High Court decisions, directs the Union o...