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The case was filed, compelled by the absence of communication regarding the outcome of the selection process for the post of Primary Teacher (Music) despite an active participation, whereas other candidates received offers of appointment while keeping her in the dark about the status.
Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation
“The expression “discharge” is of wide import, and it would include “discharge on conclusion of the contractual period”.”
“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.
“The Tribunal apparently failed to appreciate that the calculations made by the respondents overlooked proviso (b) to Rule 6 as well as Rule 8 of the Central Civil Services (Commutation of Pension) Rules, 1981 and commutation value expressed as number of years of purchase, prejudicial to the petitioner cannot be applied.”
The benefit of Domestic Help Allowance is a retirement benefit and hence it will be included in the expression ‘pension’ as occurring in Section 2(gg) of High Court Judges (Conditions of Service) Act 1954.
The Court said that petitioner was always aware that her job was transferable and had no cogent grounds to resist the order of transfer.
The Court stated that the “claim of the respondents ought to have been tested by the Tribunal and the High Court in the proper perspective to see whether it is an attempt to get the best of both the worlds.”
Madras HC dismissed a plea filed by IRS Officer who supported Sri Lankan Tamils through a hunger strike and criticised the Indian government’s policies on the Indo-Sri Lanka Peace Accord
“The wisdom and advisability of the Courts in the matters concerning the finance, are ordinarily not amenable to judicial review unless a gross case of arbitrariness or unfairness is established by the aggrieved party.”, observed Supreme Court
Supreme Court held that the respondent could not have been given the pensionary benefits as Scientist -H in NTRO, as before her probation period was completed, she was relieved.
The Delhi High Court held that the walking test of completing 25 kilometers would be an obligatory stipulation and needed to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement consistent with requirements of the identified service/post as may be prescribed by its Cadre Controlling Authority for the Indian Forest Service Examination.
The Court held that Rule 12-A of the CCS (Extraordinary Pension) Rules specifically permits a widow of an employee who remarries deceased husband's brother to get extraordinary pension.
Central Administrative Tribunal, Delhi: In an original application filed by the applicant seeking to quash the answer key for Questions
In the case at hand, the vacancy advertised stood exhausted with the appointment of a candidate, and the petitioner was, hence, held not entitled to the appointment on the post so advertised.
by Ishan Chauhan† and Harshdeep Singh††
Central Administrative Tribunal: Mohd. Jamshed, Member (A), held that compassionate appointment cannot be equated with family pension. Slamming the respondents for their
As directed by the Hon’ble Chairman, Central Administrative Tribunal, New Delhi, the following Notification is issued: The functioning of the Principal Bench
Punjab and Haryana High Court: A Division Bench of Rajiv Sharma and Harinder Singh Sidhu JJ., set aside the decision of the
Patna High Court: The Division Bench of Amreshwar Pratap Sahi and Anjana Mishra, JJ. rejected a petition assailing the order delivered by