Contract Law – Tender Process – Uniform Bidding – GST Rates – High Court directed the appellant to clarify GST rates and HSN codes in the tender document to ensure fair competition – Supreme Court held that no statutory or public duty exists requiring the appellants to indicate the HSN code – Bidder's responsibility to quote correct GST rate [Paras 1-48].
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Constitutional Law – Right of Persons with Disabilities – The downgrading of seniority of a physically disabled candidate transferred to his home district was held to be arbitrary, unreasonable, and discriminatory – Supreme Court emphasized that any rule or executive instruction affecting seniority of disabled persons, when transferred for their benefit, would violate Articles 14...
Industrial Disputes – Retrenchment – Principle of law that re-employment of retrenched workmen does not entitle them to claim continuity of service applies only to bona fide retrenchments – The retrenchment followed by an offer of re-employment on new terms and conditions found not bona fide – Tribunal and High Court set aside retrenchment orders and reinstated employees wi...
Service Law - Voluntary Retirement - Qualifying service - Petitioner seeks voluntary retirement from service but the Tribunal rejects the application, holding that the petitioner lacks the required 20 years of qualifying service - Petitioner challenges the rejection before the High Court - Court finds that a letter from the Office of the Assistant Divisional Engineer indicates the petitioner's...
Service Law – Promotion Guidelines – Difference between Backlog Vacancies and Regular Promotions – Appeals challenge High Court orders requiring separate zones of consideration for SC/ST promotions – Supreme Court distinguishes special drives for backlog vacancies from regular promotions – Regular promotions involve DPC evaluation; backlog promotions focus solely on r...
Service Law – Age Relaxation – Recruitment – Appeal against High Court's direction for age relaxation under Uttar Pradesh Public Services (Relaxation of the Age Limits for Recruitment) Rules, 1992 – Respondent sought age relaxation for appointment as Mukhya Sevika – High Court's decision overturned by Supreme Court – State's uniform application of ag...
Service Law – Reinstatement – The Supreme Court noted that the original writ petitioner, Sandeep Kaushik, would be approximately 49 years of age, and the retirement age for drivers is 55 years – Given the changes in circumstances and that the original petitioner would need to clear a driving test, the Court held that actual appointment was not feasible – Directed the paymen...
Compassionate Appointment – Eligibility Criteria – The Supreme Court held that compassionate appointment cannot be granted merely on the death or incapacitation of an employee – It must be in accordance with the scheme framed by the employer, which may include financial criteria to determine the indigence of the family – The Court emphasized that the aim of compassionate ap...
Retirement Age of College Teachers – The Supreme Court held that the enhancement of the retirement age of college teachers in Kerala to 65 years is within the domain of the State Government – The policy of the State Government mandating retirement at 56 years for teachers of aided affiliated colleges and at 60 years for university teachers is crystallized by enactments under Article 30...
Tender Conditions – Judicial Review – Appellant (AAI) challenged the High Court's quashing of its tender conditions for ground handling services, including eligibility criteria and region-wise sub-categorisation of airports – High Court ruled these conditions arbitrary and discriminatory – Supreme Court overturned High Court’s decision, citing principles of judici...