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.
promotion
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
Uttaranchal High Court | Non-communication of all the Service Rules does not indicate that there are no Rules
Uttaranchal High Court: The Division bench of Vipin Sanghi, C.J., and R.C. Khulbe, J., had held that merely because the
J&K and Ladakh HC| Classification on the basis of educational qualification for the purposes of promotion, is permissible in law and does not offend the Constitution
Jammu and Kashmir and Ladakh High Court: While deciding the question raised in the instant petition that, whether the classification
AAAR| Free IPL tickets: Supply of Complimentary tickets is promotion of business; attracts GST
Appellate Authority for Advance Ruling, Punjab: Arun Narayan Gupta Chief Commissioner, CGST Commissionerate, and Kamal Kishor Yadav, Commissioner of State
Gujarat HC | Holding candidate responsible for the delay in joining, misconceived; Candidate entitled for promotion
Gujarat High Court: Biren Vaishnav, J. allowed a petition which was filed praying for a direction to quash and set aside the
Jhar HC | Issuance of Ph.D, degree to the research student not a pre-condition for a Lecturer/Reader’s promotion to the post of University Professor
Jharkhand High Court: In a case relating to qualification to be appointed as a professor at Vinoba Bhave University, Anubha Rawat Choudhary,
2022 SCC Vol. 5 Part 2
Civil Procedure Code, 1908 — Or. 41 Rr. 4 & 33, Ss. 96, 100 and Or. 20 R. 18 — Partition suit
Ori HC | Government servant should not be permitted to correct the date of birth near/ around superannuation; application to be entertained only within 5 years from joining date
Orissa High Court: S.K Panigrahi, J. dismissed the petition and remarked “no application for alteration of date of birth after five years
Can employer recover excess increment granted on account of error after 10 years of retirement of the employee? Supreme Court decides
Supreme Court: Reversing the concurrent findings of the Single Judge and Division Bench of Kerala High Court, the Bench of S. Abdul
It isn’t the purpose of grace marks to allow reserved category candidate to switch over to general category: Supreme Court
Supreme Court: The Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., reversed the impugned order of the Rajasthan High Court whereby
Employees of a security establishment cannot be deprived of their fundamental and legal rights just because they work in an intelligence and security establishment: Del HC
Delhi High Court: Expressing that, RTI Act is a tool that facilitates the employees and officers in airing their grievances systematically, the
Can an employee claim promotion as a matter of right? Madras HC elaborates
Madras High Court: S.M. Subramaniam, J., expressed that employees cannot seek any direction to fill up the post or claim a promotional
Can voluntary retiree seek retrospective promotion as a matter of right? SC decides
Supreme Court: The bench of Sanjay Kishan Kaul and MM Sundresh*, JJ has held that a voluntary retiree cannot seek retrospective promotion as
Promotion cannot be granted retrospectively to give benefit and seniority from the date of notional vacancy: SC
Supreme Court: The bench of Sanjay Kishan Kaul and MM Sundresh*, JJ has observed that a right to promotion and subsequent benefits