Cyril Amarchand Mangaldas Promotes 18 Lawyers to Partnership
Cyril Amarchand Mangaldas (CAM) elevates 18 lawyers to its partnership as part of its continued growth
promotion
Exemption from Efficiency Test for promotion is a one-time exception, not a matter of Right: Rajasthan High Court
“A government employee cannot claim promotion as a matter of right and he can only be considered for promotion according to the extant Rules.”
‘Litigant cannot claim negative discrimination seeking direction to department to act in violation of statutory Rules’; SC rejects retired peon’s plea for promotion to Tracer post
The appellant’s case was that the similarly placed employees were promoted as Tracer from the post of Peon. Hence, looking at the discrimination, her case deserved to be considered.
SC interprets eligibility criteria for promotion to Associate Professor in medical teaching; discusses interplay between executive orders and KS & SSR Rules
“It is well settled that no word, no phrase and no expression used in a legislation should be excluded as surplusage, while the Courts embark on a course of interpretation.”
Bombay HC rebukes Indian Overseas Bank for apathetic denial of employee’s request to forego her promotion to care for her disabled son
“We find that the Bank is no way going to be impacted, if the petitioner who has rendered 13 years of service with an unbleached record in Mumbai was brought back to the post of Clerk held by her in past.”
SC denies retrospective promotion and notional benefits to superannuated employee under Rule 54(1)(a) of WB Service Rules
“Promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.”
Employees must fulfill requisite qualification for promotion to the post of ‘Assistant Manager’ in State Transport Corporation: Madras HC upholds seniority list
“In terms of Rule 60(d)(i) of the Common Service Rules, when the appointment is to the post in the grade of “Assistant Manager (Legal)”, one must have five years of experience in the feeder category viz., the post of “Senior Superintendent”
Calcutta High Court upholds promotion selection process; emphasises on minimum merit benchmarks beyond written test stage
Calcutta High Court held that the appellant at best can make an endeavour before the fact-finding forum because in exercise of writ jurisdiction, the High Court found no tenable and cogent ground on which the impugned judgment can be faulted.
Maternity Leave by a bank employee, whether during probation or otherwise, does not result in break in service; J&K and Ladakh HC clarifies
The High Court was of the view that the respondent Bank’s decision to treat maternity leave as break in service is arbitrary and violates Arts. 14 and 16.
Period treated as ‘not spent on duty’ must be construed for back wages and not for seniority and promotion: Delhi High Court
“Subsistence allowance is not a largesse, but the statutory right of an employee, and any denial of the same would amount to violation of Article 21 of the Constitution.”
For fixing inter se seniority, “date of appointment” of direct recruits should be considered: Delhi High Court
“The principle of determination of inter se seniority amongst direct recruits and promote officers makes it clear that for the purpose of fixation of inter se seniority, the date to be reckoned for the direct recruits is “the date of appointment.”
HIV positive patients can neither be denied employment nor promotion in employment: Allahabad High Court
HIV/AIDS patients have a right of equal treatment everywhere and they cannot be denied job opportunity or discriminated against in employment matters.
Orissa HC orders ad-hoc promotion of Inspector to DSP rank during pendency of Disciplinary Proceedings
The Court noted that a review Departmental Proceedings Committee was held to consider the case of the petitioner for promotion and the decision was kept in sealed covers, pending disposal of Disciplinary Proceedings.
Know Thy Judge | Justice T.S. Sivagnanam – Chief Justice of Calcutta High Court
Justice Tirunelveli Subbiah Sivagnanam was sworn in as the Chief Justice of Calcutta High Court on 11-05-2023.
Courts cannot prescribe qualification or declare equivalency of a course, unless the rule itself prescribes equivalency; Supreme Court reiterates
Supreme Court said that the denial of promotion was on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering”, and not because they possess a two-year diploma not three-year diploma.
‘Uncommunicated grade’ cannot be relied upon for promotion; Supreme Court directs Departmental Promotion Committee to consider the case afresh
The Supreme Court set aside the DCP proceedings held in the year 2021 denying the promotion to the petitioner for the post of Assistant Registrar.
Kerala High Court | Teaching experience can be gained only after obtaining the essential qualification necessary for the post of professor
According to a ruling by the Kerala High Court, if there is any requirement of educational qualification for a position then experience for that position will be counted after obtaining the essential qualification and the quality of experience should be same throughout.
Madras High Court| Scope of Article 338 of the Constitution cannot be expanded for interfering with the routine administrative affairs of the employer, governed under the service rules
Madras High Court: In a writ petition filed by Life Insurance Corporation of India (‘LIC’) against the order passed by
Imposing penalty before initiating disciplinary action wrong; Can’t put a cart before the horse: SC
Supreme Court: In a case where a member of the Indian Forest Services (IFS) had alleged that his junior was promoted to the post of Principal Chief Conservator of Forests while his candidature was kept in
High Court Roundup: August 2022| Revisiting the top stories on Bigamy, POCSO, Cruelty, Deceased’s Right to dignity, Non-payment of GST, & more
The High Court Roundup brings a curated list of the top stories of the month to ensure readers do not miss any