Service Law – Selection Criteria – The Board of Examiners altered the selection criteria by introducing interviews and merit-based assessments not prescribed by the statutory rules. The eligibility and procedure for promotion from Class-IV to Class-III positions, as per the Executive Council’s rules, emphasized seniority and passing departmental tests without mandating interviews...
Petition for Pension - Petitioner, a retired employee of respondent-bank, seeks pension from 01.06.2005 under the bank's pension policy, having submitted an application which is allegedly disregarded by the respondents. [Para 1-2]
Territorial Jurisdiction Questioned - Respondents argue the High Court of Punjab and Haryana lacks territorial jurisdiction as the petitioner retired fr...
Judicial Review – Mandamus – Reinstatement and Back Wages – Petitioner seeking mandamus for enforcement of earlier High Court order for reinstatement and back wages – Earlier judgment partly allowed reinstatement with modified punishment, not back wages – Petitioner's claim for back wages unsustainable due to limited scope of the petition. [Para 1, 6-7, 16-17]
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Service Law - Promotion and Seniority in Employment – Cochin Port Trust – Contested Promotion of Senior OCIOA: The appeal contests the Single Bench's decision which favoured the respondent’s promotion to Senior OCIOA over the appellant. The bench considered the appellant's unauthorized absence as a break in service, affecting his seniority and eligibility for promotion. [...
Service Law - Promotion Eligibility Dispute – Unauthorized Absence Impact - Appeal against a Single Bench judgment concerning the promotion of an employee in Cochin Port Trust - Issue centered around the interpretation of unauthorized absence and its effect on seniority and promotion eligibility - Appellant argued that a brief unauthorized absence should not affect his promotion prospects - ...
Service conditions of officers and servants of High Court – Primacy of Chief Justice – Enhancement of retirement age – Proposal to enhance retirement age from 56 to 58 years – Committee recommendation for enhancement of retirement age for meritorious employees – Government’s rejection citing parity with government servants’ retirement age – Jurisdict...
Service Law – Misconduct – Quantum of Punishment: The respondent, a Postal Assistant, committed fraud involving fraudulent withdrawals in 85 RD accounts and non-credit of deposits in 71 RD accounts, defrauding Rs. 1,659,065. Despite the respondent's subsequent deposit of the defrauded amount with interest, the Supreme Court held that this did not mitigate the gravity of the miscond...
Insolvency Resolution Process Costs – Priority of Payments – Workmen’s Dues: The Supreme Court held that wages/salaries of workmen/employees who actually worked during the CIRP period and while the Corporate Debtor was managed as a going concern should be included in the CIRP costs. These dues are to be paid in full with first priority under Section 53(1)(a) of the IBC, 2016. How...
Civil Law - Court Fee – Declaration and Consequential Relief – Mandatory Injunction as Distinct Relief – Challenge to trial court's order directing plaintiff/petitioner to pay ad-valorem court fees for relief of mandatory injunction, separate from the relief of declaration. The trial court found mandatory injunction not to be a consequential relief to the declaration, necessi...
Public Service – Promotion and Direct Recruitment – Applicability of Rules – Appeals challenging the High Court's directive to fill vacancies as per the old rules – High Court applied the principle from Y.V. Rangaiah v. J. Sreenivasa Rao, holding vacancies arising prior to rule amendments should be filled by old rules – Supreme Court reviews and restates the princ...