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...
Regularization of Part-Time Employees – Entitlement and Policy – Part-time employees cannot claim regularization or permanent status as they are not working against sanctioned posts. The Supreme Court reiterates that regularization can only occur as per the State/Government's regularization policy and not as a matter of right. The High Court's direction to create and sanction p...
Service Law – Employment in Police Force – Criminal Antecedents – The Supreme Court held that a person acquitted of charges involving moral turpitude or where witnesses turn hostile does not automatically entitle them to employment in a disciplined force like CISF. The employer has the right to consider the nature of the acquittal and criminal antecedents under the guidelines iss...
Compassionate Appointment – Interpretation of Rule 5 – Suitable Post – The Supreme Court held that a dependent/applicant cannot seek appointment on a higher post than what was held by the deceased employee merely based on eligibility criteria. The Court emphasized that 'suitable post' under Rule 5 must be linked to the post held by the deceased employee, and the purpose o...
Based on the information provided, it appears that this is a multi-faceted case involving issues like service termination, regularization, and screening processes. Here are the headnotes of the judgement, categorized according to the relevant paragraphs.
Civil Appeal – Teacher's Employment in Railway School
Appeal by Samir Kumar Majumder, a school teacher, against ...
Service Law - Appointment on compassionate basis - Eligibility criteria - Financial status and income of the family - Fulfillment of scheme requirements - Exception to general rule of recruitment. Scheme for compassionate appointment - Consideration based on prevailing scheme - No vested right to compassionate appointment.
Suit for declaration and mandatory injunction - Direction to consider ca...
Service Matter - Civil Appeal – Police Recruitment – Suppression of Material Information
The State of West Bengal appealed against a High Court judgment directing the appointment of the respondent as a constable. The appellant argued that the respondent suppressed information about a pending criminal case. The Supreme Court confirmed the findings of the Tribunal and the High ...
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...