Compassionate Appointment – Criteria and Application – Petitioners challenged the denial of compassionate appointment to Pradip Kumar Pandit despite multiple directives for reconsideration from the learned Tribunal. The respondents repeatedly rejected the application based on the inapplicability of educational qualifications and procedural grounds. The court affirmed that the compassio...
Service Law – Transfer Orders – Non-Compliance by Employees – Quashing of Transfer Orders – The appellants (Tamil Nadu Agricultural University) challenged the quashing of transfer orders by the High Court – Supreme Court held: Transfer is an exigency of service and employees have no right to refuse compliance once relieved from their original posting – Employees...
Cadre Restructuring – Judicial Review – Fundamental Rights - Petition challenging the revision of cadre strength in the BSF. Petitioner argued that the reduction in posts adversely affected promotional opportunities and violated fundamental rights under Articles 14 and 16 of the Constitution. The court reiterated that the creation and abolition of posts fall within the exclusive domain...
Service Law – Disciplinary Proceedings – Admonition – The appellant, an Airman in the Indian Air Force, was charged with insubordination and violation of good order after an incident at a railway crossing – The appellant was admonished and later sought quashing of the Admonition, arguing the proceedings were flawed due to lack of proper sanction under Section 83 of the Air ...
Service Law – Appointment Denial – Petitioner selected for the post of Fireman, but denied appointment based on alleged suppression of criminal involvement in his application – FIR was registered against the petitioner after submission of the application – Petitioner was acquitted in the criminal case due to lack of evidence – Held: There was no suppression of materia...
Civil Service – Seniority Dispute – Promotion – Appointment as In-charge Principal Quashed – The appellant was appointed as the In-charge Principal of a school through an order dated 30.03.2023, which was challenged by the respondent on the ground of seniority – The Single Judge quashed the appointment due to the appellant being junior – Held: The appellate cour...
Labour Law – Termination Without Enquiry – The case involved the termination of employees by M/s. Advani Oerlikon Ltd. without conducting a formal enquiry – The Labour Court upheld the termination, and the Industrial Court dismissed the revision applications – The High Court held that even in the absence of a prior enquiry, the employer can justify the termination by leadin...
Service Law - Cancellation of Group-I Notification – Validity of Revised Notification No.02/2024 – The petitioners contended that the cancellation of Notification No.4/2022 by TSPSC was arbitrary and unconstitutional – Court held: The Commission has the authority to alter or withdraw notifications, as per para 13 of Notification No.4/2022 – The cancellation of the notificat...
Service Law - Age Relaxation – Experience as Anganwadi Worker – Validity of Certificates – The respondent, having applied for the post of Supervisor Grade-II (Female), claimed age relaxation based on her experience as an Anganwadi Worker – Her candidature was rejected by DSSSB on the ground of over-age due to conflicting certificates of experience – The Tribunal held ...
Employment Law – Transfer and Posting – Appeal against order favoring employee’s writ petition challenging compulsory retirement due to unauthorized absence – Employer's prerogative to decide employee's place of work emphasized – Health issues and political influence in transfer orders considered – Court upholds employer's decision, reinstates punish...