Service Law – Reservation – Mandamus – The Supreme Court held that no mandamus can be issued directing the State Government to provide for reservation or to collect quantifiable data to justify their action not to provide for reservation. The Court emphasized that Articles 15(4) and 16(4) of the Constitution are enabling provisions, and the State is not obligated to provide reser...
Employment Law – Appointment of Assistant Teachers – Validity of appointments questioned due to alleged manipulation by school management – State stopped disbursement of salaries – Appellants' service not terminated – Appellants seeking redress for unpaid salaries and reinstatement. [Paras 1-6]
Judicial Review – High Court’s dismissal of writ petiti...
Challenging Tribunal Award – Air India Ltd. (AIL) challenged award granting permanent status to respondents (wards of employees) engaged through subsidiaries (AIATSL, AICL, AIASL) following compassionate grounds policy – AIL's primary contention was the absence of direct employment relationship with respondents and impact of recruitment freeze per Government Memorandum. [Para 2, 4,...
Service Law – Departmental Proceedings – Jurisdictional Error – High Court erred in acting as an appellate court on merits – Departmental inquiry found respondent guilty of misconduct based on preponderance of evidence – Tribunal's findings on fraud and forgery upheld – Evidence led by the bank sufficient – High Court's remittance to Tribunal for e...
Service Law – Issuance of NOC – Appellant was appointed as a JBT Teacher in 2000 – Haryana Public Service Commission advertised 1647 posts of Assistant Professor (College Cadre) in Haryana on 16.02.2016 – Appellant applied for the post of Assistant Professor (History) and requested a No Objection Certificate (NOC) from the appointing authority – Despite applying timel...
Service Law – Selection Process – High Court set aside the appointment of the appellant to the post of Junior Lab Technician on grounds of arbitrariness in marks allocation for experience and interview – Selection Committee's criteria for allocating marks after advertisement found to change "rules of the game" – Division Bench of the High Court erred in examin...
Service Law – Re-appointment – Suitability – Appellant found respondent unsuitable for re-appointment, approved by other authorities – Appointment order lacked automatic extension provision – Explicit order requiring suitability for re-appointment considered – Court not expected to substitute its view – Respondent not entitled to extension or consequential...
Termination of Service – Delay and Laches – Late husband of the respondent, Rameshwar Lal, was terminated from service on 16.12.1996 – He appealed, but during pendency, he passed away in 2009 – Respondent filed a writ petition in 2012, 15 years post-termination and 13 years after he would have retired – High Court's Single Judge quashed termination and granted ben...
Service Law – Appointment Validity – Appellants were appointed temporarily on leave vacancies and did not pass the speed test for Hindi Stenographers – High Court rightly quashed their appointments and upheld the termination of Respondent Nos. 1 to 3 who were selected through due process – Rule 14(3) validity of the select list was one year, expired on 13.07.1988 – No...
Service Law – Misconduct – Quantum of Punishment – Respondent, a CRPF constable, misbehaved, abused, and injured a doctor on duty and made false criminal charges of sexual harassment against the doctor – High Court substituted the penalty of removal from service with confinement in quarter guard jail – Supreme Court held that the punishment by the disciplinary authori...