Educational Qualification – Requirement for Appointment – Advertised Qualification – Postgraduate and Bachelor Degrees in History – Appellants challenged the cancellation of their appointments due to having degrees in specialized branches of History rather than History as a whole – Supreme Court upheld the cancellation, affirming that specific educational qualificatio...
Education Law – Eligibility for Absorption – Absorption of Teachers – Post Qualification Teaching Experience – State Government took over a private Ayurvedic College – Screening Committee to assess qualifications and eligibility as of the cut-off date (June 1, 1986) – Supreme Court held that eligibility should be assessed as of the cut-off date and not based on ...
Payment of Gratuity – Meaning of "Wages" – Ad hoc payments made to workers pursuant to interim orders of the Supreme Court – Held, such ad hoc payments do not form part of "wages" under Section 2(s) of the Payment of Gratuity Act, 1972, as they were not earned by the employee in accordance with the terms and conditions of employment – Interim benefits ce...
Service Law – ACP Scheme – Stepping Up of Pay – The case involved a pay anomaly where juniors were drawing higher pay due to upgradation under the ACP Scheme – Supreme Court upheld the High Court's direction to step up the pay of seniors to match that of their juniors to remove the anomaly – The principle under Fundamental Rule (FR) 22 allows for such adjustments ...
Service Law - Pension eligibility – Writ petitioner appointed as Daily Wage Mazdoor and later as Ex-Cadre Assistant – Retired after over 25 years of service – Denied pension on the grounds of insufficient service period – Single Judge directed consideration of service period and grant of pension – Appellant challenged the order – Appellant contended that the pet...
Service Law – Suppression of Information – Respondent concealed involvement in a criminal case while filling the verification roll – Supreme Court finds suppression of material information constitutes a serious misconduct justifying removal from service – High Court’s interference with quantum of punishment held unjustified [Paras 1-17].
Article 226 &ndas...
Service Law – Civil Judges Selection – The Supreme Court held that the rejection of candidates on the technical ground of non-production of original certificates at the time of the interview was improper, unjustified, and not warranted. The Court noted that there were vacancies available, which, if filled by meritorious candidates, would benefit the institution by helping in the dispos...
Service Law – Equal Pay for Equal Work – The Supreme Court upheld the High Court's decision that the appellants, appointed as Shiksha Karmis under the Shiksha Karmis Rules 1998, are not entitled to the same pay-scale as Municipal teachers appointed under the Rules 1968. The Court found that Shiksha Karmis and Municipal teachers are governed by different rules with different methods...
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...