Constitutional Law – Transfer Policy – Protection of Family Life – State's responsibility to consider the preservation of family life as part of the dignity of the person and a postulate of privacy under Article 21 – Supreme Court emphasized that in formulating transfer policies, the State must not be oblivious to the importance of family life – Policies should ac...
Service Law – Seniority – Compassionate Appointments – High Court correctly assigned seniority to compassionate appointees vis-à-vis direct recruits – Seniority list of Assistant Engineers published as on 1st January 2004 in conformity with Rule 35(aa) of the Tamil Nadu State and Subordinate Services Rules, 1955 – Compassionate appointees regularized from the d...
Service Law - Cut-off Date for Eligibility - Appeals – Haryana Civil Service (Executive Branch) – Eligibility determined based on 01.11.2018 as cut-off date – Single Bench's interpretation extending cut-off date to 12.07.2019 found incorrect – Rule 9(1)(a)(iii) clearly specifies eligibility based on age and service requirements as of 01.11.2018 – Decision upheld, ...
Service Law – ACP and MACP Benefits – DDA employees claimed ACP benefits upon completing 24 years of service before MACP introduction – High Court applied MACP from 01-01-2006 – Supreme Court ruled MACP effective from 01-09-2008 as per executive decision, not 01-01-2006 – Eligibility for ACP benefits before MACP introduction does not create vested rights [Paras 1-37]....
Service Law – Promotion and Vacancies – Mere existence of a vacancy does not create a right to retrospective promotion – Promotions must follow the selection process as prescribed by rules – High Court's decision to grant retrospective promotions to respondents erroneous – Clear and specific rules govern promotions, which must be adhered to strictly [Paras 1-20].
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Service Law – Promotion and Seniority – Appellant's promotion to Office Superintendent quashed by High Court – High Court favored respondent due to earlier entry into service and promotion by reservation benefit – Supreme Court emphasized seniority-cum-merit criterion, upheld higher pay scale and unblemished record of appellant as basis for promotion – Promotion t...
Constitution of India - Article 14 - Compassionate Appointment - Child of Second Wife - Supreme Court held that compassionate appointment cannot be denied to the child of a second wife of a deceased employee solely on the basis of descent - Such exclusion violates Article 14 of the Constitution - Policy or rule that discriminates against legitimate children born from second marriages is arbitrary ...
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Section 14B - Imposition of Damages - Default or delay in payment of EPF contributions by the employer necessitates imposition of damages under Section 14B - Mens rea or actus reus not required for imposing penalty or damages for breach of civil obligations and liabilities - Judgment of the Division Bench of the High Court of ...
Employment - Back Wages - Reinstatement - Employee dismissed for allegedly securing employment through false caste certificate - Tahsildar's report found appellant did not belong to Scheduled Caste - High Court found Tahsildar incompetent and directed verification by appropriate authority - Verification confirmed appellant's Scheduled Caste status - Appellant reinstated without back wages ...
Employment - Caste Certificate - Termination - Appellant's services terminated for not belonging to the Scheduled Tribe community as claimed - High Court upheld termination - Appellant contended termination was without notice and recovery of salary unjustified - Supreme Court upheld termination but provided relief from recovery of salary due to lack of fraudulent intent and principles of natur...