Service Law – Ex-servicemen – Seniority – Rule 9(3) of Punjab Recruitment of Ex-servicemen Rules, 1982, does not grant benefit for military service towards seniority – Appellant not entitled to claim benefit under Rule 4 of 1972 Rules for determining seniority after the enforcement of 1982 Rules – Appeals dismissed [Paras 1-24].
Repeal and Savings – Applicati...
Service Law – Recruitment Rules – ANM Qualification – The requirement under Rule 5 of the 1997 Rules and Rule 15 of the 2016 Rules for candidates to possess intermediate qualifications in the science stream for appointment as Health Worker/ANM upheld – State's power to prescribe eligibility criteria for recruitment recognized – Advertisement specifying criteria co...
Service Law – Regularization of Contractual Employees – Relief of regularization not available to contractual employees based on Umadevi (2006) – Contract employees had not completed 10 years of service by the time of Umadevi judgment – University’s proposed modality for recruitment process including age relaxation and additional marks for service duration approved &n...
Service Law – Appointment of Constable – Acquittal on Benefit of Doubt – Respondent acquitted under Sections 302, 323, 341, 34 of IPC due to benefit of reasonable doubt – Trial Court opined prosecution failed to prove charges beyond reasonable doubt – Respondent applied for constable post in Rajasthan Police – Recruitment process included disqualification for th...
Service Law – Pay Scale Merger – Retrospective Application – Appeal concerning the merger of pay scales for Upper Division and Lower Division Assistants/Clerks in the universities of Bihar – The communication dated 28.07.1981 provided clear guidelines for merger applicable only to posts with distinct senior and junior scales – Appellants' posts of Typist, Counter ...
Employee State Insurance Act – Wages – Section 2(22) ESI Act – Travelling Allowance – Conveyance Allowance – Definition of wages excludes travelling allowance – Conveyance Allowance is akin to travelling allowance – High Court and ESI Court rightly excluded Conveyance Allowance from wages [Paras 11-30].
Service and Labour Laws – Definition of Wage...
Service Law – Reservation – Sections 27 and 27(f) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 – Reservation in direct recruitment – Meritorious candidates from reserved categories to be considered in the General Turn first – Backlog vacancies to be filled first among reserved category candidates – Misinterpretation of Sectio...
Service Law – Disciplinary Control – Manipulation in Weight Measurement – Respondent accused of manipulating weight measurement by creating a hidden chamber in milk tankers, causing financial loss – Inquiry Officer found charges partially proved – Punishment order of reversion to minimum pay scale passed after approval from Commissioner (Dairy Milk)/Registrar – ...
Employment Contract – Restriction on Job Application – Validity – Government servant’s right to apply for another post restricted for five years by employer – Court held such restriction is valid and not opposed to public policy – Qualified employees' job hopping curbed by such clauses to prevent disruption and financial waste – Selection and training ...
Pension Scheme – Cut-Off Date – Retired Employees – Appeal against High Court's decision quashing cut-off date for pension eligibility – Contributory Provident Fund (CPF) governed employees retired before 05.06.1995 – Pension Scheme introduced from 05.06.1995 – High Court held cut-off date arbitrary – Supreme Court upheld the validity of the cut-off da...