Service Law – Pension Determination – Appellant, a lecturer, sought to include his practice at the Bar as qualifying service for pension under Rule 25(a) of KSR – Respondent University denied the benefit citing a proviso inserted after his appointment – Supreme Court held the proviso could not be applied retrospectively to the appellant who joined before its insertion &ndas...
Labour Law – Termination – Reinstatement and Compensation – Appeal against High Court's decision affirming Labour Court's order of reinstatement with back wages – Respondent's termination in breach of Sections 25-F and 25-G of the Industrial Disputes Act – Supreme Court finds that reinstatement and back wages not warranted for a contractual employee o...
Central Civil Services – Grade Pay under MACP Scheme – Appeal against the High Court’s decision to grant grade pay of Rs. 6600/- – Supreme Court holds that as per Clause 8.1 of the MACP Scheme, grade pay of Rs. 5400/- in PB-2 and PB-3 are to be treated as separate grade pays – High Court’s allowance of grade pay of Rs. 6600/- was erroneous and contrary to M...
Service Law – Dismissal – Misconduct – Compulsory Retirement – The Supreme Court held that while driving a vehicle under the influence of alcohol, especially while carrying personnel, is a severe misconduct warranting strict punishment, the specific circumstances, including the employee’s long service and minor nature of the accident, merited a reduction in the severi...
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 – 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...