Service Law – Assured Career Progression (ACP) Benefits – Respondents refused offered regular promotions due to personal reasons – Subsequently, ACP benefits were wrongly granted and later withdrawn based on clarificatory O.M. dated 18.7.2001 – Tribunal upheld withdrawal of ACP benefits, but High Court reversed the decision, restoring ACP benefits – Supreme Court held...
Service Law – Submission of Documents – Applicants required to submit all necessary documents along with the application form by the cut-off date – Respondent failed to submit NCC 'B' certificate with original application – Certificate submitted three years after the cut-off date – Not entitled to additional five marks [Paras 1-10].
Judicial Review – ...
Workmen's Compensation – Calculation of Wages – Deceased workman was earning Rs. 2400 per month plus Rs. 25 daily for food expenses – High Court erred in reducing the compensation based on minimum wage without evidence – Supreme Court restores compensation to original amount [Paras 1-9].
Interest on Compensation – Section 4A – Compensation becomes due fro...
Service Law – Pension Determination – Appellant, a lecturer, sought to include his practice at the Bar as qualifying service for pension under Rule 25(a) of KSR – Respondent University denied the benefit citing a proviso inserted after his appointment – Supreme Court held the proviso could not be applied retrospectively to the appellant who joined before its insertion &ndas...
Service Law – Back-wages – In cases of wrongful termination, reinstatement with continuity of service and back-wages is the normal rule – Adjudicating authority must consider the length of service, nature of misconduct, financial condition of the employer, and similar factors – High Court correctly granted 50% back wages to the respondent [Paras 1-14].
Rule 161 RPF Rules...
Service Law – Appointment – Arts and Crafts Teachers – Dispute over equivalence – Whether the diploma in Art and Craft by Kurukshetra University through distance education is recognized as equivalent to the diploma by the Haryana Industrial Training Department – The eligibility criteria specified a "two-year Diploma in Art and Craft examination conducted by the H...
Service Law – Pay Scale – Upgradation vs. Promotion – Respondents claimed higher pay scales on completion of service milestones without promotion – Upgradation of posts merely provided financial benefit without changing duties – Supreme Court holds that claim based on office order for next higher pay scale without assuming higher responsibilities is misconceived &ndas...
Service Law – Appointment – Two candidates recommended for a single post – Initial appointee pursuant to High Court's order – Subsequent recommendation for another candidate – High Court erred in directing appointment of second candidate without affecting initial appointee – Two persons cannot be appointed to a single post – High Court’s order se...
Service Law – Appointment Validity – Appellants were appointed temporarily on leave vacancies and did not pass the speed test for Hindi Stenographers – High Court rightly quashed their appointments and upheld the termination of Respondent Nos. 1 to 3 who were selected through due process – Rule 14(3) validity of the select list was one year, expired on 13.07.1988 – No...
Service Law – Misconduct – Quantum of Punishment – Respondent, a CRPF constable, misbehaved, abused, and injured a doctor on duty and made false criminal charges of sexual harassment against the doctor – High Court substituted the penalty of removal from service with confinement in quarter guard jail – Supreme Court held that the punishment by the disciplinary authori...