Service Law – Regularization and Seniority – Petitioners’ initial appointments on a contractual basis – Claimed regularization from the date of initial appointment and counting of contract service period towards seniority – High Court held that initial appointments were valid, and petitioners were entitled to have their contract service counted towards seniority and o...
Service Law - Disqualification for Having a Third Child – Rule 3 of Maharashtra Civil Services (Declaration of Small Family) Rules, 2005 – The petitioner alleged that respondent no. 1, a Police Patil, was disqualified from holding office due to having a third child after the commencement of the 2005 Rules – Court held: The rules disqualify government/public servants from Group A ...
Service Law - Administrative Law – Public Employment – Dismissal for Fraudulent Appointments – Petitioners were appointed as Chowkidars based on a newspaper advertisement issued in “Komi Den Sangrur” – Their appointments were later annulled due to non-compliance with procedural rules, including the lack of proper advertisement and merit list – The inquiry ...
Service Law – Compulsory Retirement – Departmental Inquiry – Petition Dismissed – The petitioner, a Bulldozer Operator, was compulsorily retired following a departmental inquiry for misbehaving with committee members during an interview process, being intoxicated during work hours, and other charges – On appeal, the dismissal was converted into compulsory retirement &...
Criminal Law – Quashing of Proceedings – Civil Dispute vs. Criminal Offence – The petitioners, former directors of a company, were accused of non-payment of outstanding salary and performance bonus to an ex-employee. The Court held that the allegations, even if true, constituted a civil dispute over payment of dues and did not amount to cheating or criminal breach of trust under ...
Pension Reduction – Misconduct and Thoroughly Satisfactory Service – Appellant challenged the decision to withhold 10% of his pension for two years – Contention that his service was overall satisfactory despite one alleged instance of irregularity – High Court emphasized the need to evaluate entire service record for such decisions – Found State’s action based o...
Contract Employment – Regularization of Services – Special Magistrate Courts established to reduce case pendency – Employees recruited on contract basis through a selection process – Government refusal to regularize services due to absence of specific enabling provisions – Comparability with Fast Track Courts whose contract staff were regularized based on Supreme Cour...
Employment Law – Misconduct and Termination – CRPF constable terminated for suppressing information about pending criminal cases in the Verification Roll – Respondent contended he was unaware of the cases – Disciplinary Authority found suppression of material information and use of fake documents – High Court ordered reinstatement with minor punishment – Supreme...
Judicial Misconduct – Inquiry and Suspension of Judicial Officer – Appeal Allowed – The appellant, a Sub-Judge-cum-Chief Judicial Magistrate, was suspended by the High Court of Kerala for allegedly failing to examine the Investigating Officer and allowing no opportunity for cross-examination in a criminal case (CC No.24/2016) – The Supreme Court found that the High Court ha...
Service Law - Regularization of Mess Workers – Industrial Disputes Act – Validity of Labour Court Award – Workers' Employment Temporary – The petitioners, NIT Kurukshetra, challenged the Labour Court's decision to regularize 250 mess workers on the grounds that they were never appointed through proper recruitment channels and were paid by student-run mess committees...