Service Law – Selection Criteria – Elementary Trained Teachers (ETT) – Challenge to the selection criteria for ETT posts, which awarded additional marks for higher qualifications – Petitioners argued this was contrary to the Service Rules which mandate selection based solely on written test scores – Court held that the criteria violated Rule 6(4) of the 2018 Service R...
Service Law – Selection Process – High Court set aside the appointment of the appellant to the post of Junior Lab Technician on grounds of arbitrariness in marks allocation for experience and interview – Selection Committee's criteria for allocating marks after advertisement found to change "rules of the game" – Division Bench of the High Court erred in examin...
Service Law – Re-appointment – Suitability – Appellant found respondent unsuitable for re-appointment, approved by other authorities – Appointment order lacked automatic extension provision – Explicit order requiring suitability for re-appointment considered – Court not expected to substitute its view – Respondent not entitled to extension or consequential...
Termination of Service – Delay and Laches – Late husband of the respondent, Rameshwar Lal, was terminated from service on 16.12.1996 – He appealed, but during pendency, he passed away in 2009 – Respondent filed a writ petition in 2012, 15 years post-termination and 13 years after he would have retired – High Court's Single Judge quashed termination and granted ben...
Regularization of Part-Time Employees – Entitlement and Policy – Part-time employees cannot claim regularization or permanent status as they are not working against sanctioned posts. The Supreme Court reiterates that regularization can only occur as per the State/Government's regularization policy and not as a matter of right. The High Court's direction to create and sanction p...
Service Law – Employment in Police Force – Criminal Antecedents – The Supreme Court held that a person acquitted of charges involving moral turpitude or where witnesses turn hostile does not automatically entitle them to employment in a disciplined force like CISF. The employer has the right to consider the nature of the acquittal and criminal antecedents under the guidelines iss...
Compassionate Appointment – Interpretation of Rule 5 – Suitable Post – The Supreme Court held that a dependent/applicant cannot seek appointment on a higher post than what was held by the deceased employee merely based on eligibility criteria. The Court emphasized that 'suitable post' under Rule 5 must be linked to the post held by the deceased employee, and the purpose o...
Service Law – Promotion – Respondent's promotion withheld due to disciplinary action leading to 'censure' – Bank’s rules specify 'censure' as a minor penalty – Adoption of sealed cover procedure for respondent’s promotion due to pending disciplinary action – Supreme Court held that promotion recommendations in a sealed cover cannot be e...
Service Law – Compassionate Appointment – Respondent's application for compassionate appointment delayed by the appellants – Respondent crossed the age of 50 years, making employment impractical – High Court awarded Rs.10 lakhs compensation – Supreme Court modified to Rs.5 lakhs due to delay caused by appellants [Paras 6-11].
Compensation for Delay – The ...
Service Law – Retrospective Seniority – The High Court erroneously granted retrospective seniority to the respondent from 20.11.1985, a date when he was not borne in service – Respondent entered service only on 10.2.1996 following Supreme Court's direction – Jurisprudence in service law advises that retrospective seniority cannot be claimed from a date when an employee ...