Service Law - Increment Entitlement after Retirement – Government servants retiring on June 30th entitled to increment due on July 1st – Petitioners, retired government servants, seeking increment and consequential benefits – Reliance on judgments of various High Courts and the Supreme Court affirming this entitlement. [Para 3, 5.1, 5.2]
Legal Position on Grant of In...
Service Law - Applicability of Government Orders in Promotion to Assistant Engineers – Jurisdiction and Legal Analysis – Appeals challenging the judgment of the Madras High Court which allowed writ appeals filed by respondents, reversing the earlier decision to restrict appointments of Technical Assistants to Assistant Engineers based on service and qualifications – Held, Executi...
Service Law - Service Termination and Natural Justice – Civil Appeal – Termination of Services as Registrar at GB Pant Institute of Engineering and Technology – Challenge against High Court decision dismissing writ petition and review application regarding termination of services – Supreme Court finds termination unjustified and in violation of natural justice, orders reins...
Industrial Law – Application of Conferment Act – Civil Appeals against High Court decision affirming the conferment of permanent status to workmen – Tamil Nadu Medical Services Corporation claimed exemption from the Act – High Court and Supreme Court analyzed the applicability of the Act – Held, Tamil Nadu Medical Services Corporation qualifies as an industrial establ...
Service Law – Dismissal – Submission of False Certificate – The respondent secured employment by submitting a forged SSLC, which was proved in a departmental inquiry. The High Court substituted the punishment of dismissal with reinstatement without back wages. The Supreme Court held that producing a fake certificate is a grave misconduct that justifies dismissal. Interference by ...
Labour Law – Voluntary Retirement Scheme (VRS) – Appellant contested the employer's order treating his date of birth as 21st September 1945 instead of 21st September 1949 – Supreme Court observed inconsistencies in records maintained by the employer and failure to provide the appellant an opportunity of hearing before altering the date of birth in his service book – Cou...
Service Law – Void Appointments – Teachers appointed directly by school management without following statutory procedures – Supreme Court held such appointments to be void ab initio as they contravened statutory provisions – Appointments made without adherence to prescribed rules are unsustainable [Paras 1-32].
Judicial Propriety – Consistency in Tribunal...
Service Law - Prospective Resignation Withdrawal – Case involving Dr. Mrs. Suman V. Jain's right to withdraw her resignation before the effective date – Appellant’s prospective resignation could be withdrawn at any time before it became effective as there was no legal, contractual, or constitutional bar preventing such action – No prior consent to treat resignation as &...
Service Law – Disciplinary Proceedings – Quantum of Punishment – Supreme Court emphasized that the question of quantum of punishment in disciplinary matters is primarily for the disciplinary authority – Judicial review by High Courts and Administrative Tribunals under Article 226 of the Constitution is limited to the applicability of Wednesbury principles – Interferen...
Suspension Order and Employee Rights – Appeal against temporary injunction preventing the appellant from obstructing the respondent's office work – Challenge to the legality of the suspension order issued by the appellant organization – Alleged procedural irregularities and bias in suspension proceedings. [Paras 2-5, 20-23, 26-27, 29-31, 33-34, 36-37, 39, 43-44, 46-47, 49]
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