Bringing you the Best Analytical Legal News
“In the present case, not only benchmarks are being set after the game has been played, rather the State has decided that a portion of the game itself, the step of interview, should not have been played at all”.
The Court found it disturbing that Assistant professors appointed on contractual basis during 2011 to 2025 continued to draw monthly salary of Rs. 30,000.
“Ad-hocism thrives where administration is opaque and the State Departments must keep and produce accurate establishment registers, muster rolls and outsourcing arrangements, and must explain, with evidence, why they prefer precarious engagement over sanctioned posts where the work is perennial”.
“The Furlough Scheme has to be read as a whole, and an employee cannot contend that the beneficial part of the scheme is admissible and the part which provides for furlough period not being counted towards retiral dues separately is not sustainable.”
“In the present case, since the petitioner was found involved in carrying passengers without tickets and the allegation was that his integrity is questionable, consequently, his services were terminated, therefore, the same can easily be termed as an “order of termination” having been passed with stigma”
2025 SCC Vol. 5 Part 5: Explore the latest Supreme Court Cases on Administrative Law, Arbitration, Constitution, Income Tax, Criminal Law, Prevention of Money Laundering, and Service Law.
“Quashing of the entire recruitment process may cause hardships for the selected candidates, but at the same time, there is no equity in the favour of selected candidates as challenge to the recruitment was made during the pendency of the process.”
“It is well settled position of law that the imposition of punishment is a managerial function of the management and unless the punishment is so shocking or touches the conscience of the Court, it should not be interfered with by the Court.”
“The alleged termination order of the petitioner, though said to be illegal and arbitrary, was not put to challenge either in the present or earlier writ proceeding.”
“It is one thing for this Court to hold that the original assessment is infirm to such an extent as to warrant reevaluation; it is quite another and indeed impermissible for it to delve into the academic merit of an answer and render its own evaluative opinion thereon.”
The Court stated that the Single Judge correctly assessed the sharp contradiction that crept in the policewoman’s work record as she received a commendation certificate the same year as the adverse remarks. The Single Judge also noticed that the Commissioner of Police made adverse remarks in the ACR while the Deputy Commissioner did not find anything amiss with her record.
Vijaya Bank while issuing the appointment letter to the respondent, included a restrictive covenant carrying an indemnity clause, wherein the respondent had to pay the Bank if he leaves the service before completion of 3 years.
Explore the latest Cases reported in SCC’s High Court Cases (HCC)Volume on Industrial Dispute, Transfer of Employees, Departmental Enquiry, Compulsory Retirement and much more.
“As per the rules the appellant was entitled for appointment in the subject of Social Science and therefore, she cannot be posted at a place where she is forced to teach a subject qua which she is not qualified.”
The Court held that what was essential was that a candidate must possess knowledge in Elementary Education, for which there were two qualifications, i.e., Diploma in Elementary Education (D. El. Ed.) or Bachelor in Elementary Education (‘B. El. Ed.’).
“The Government Resolution confers financial benefits as a benevolent resolution acknowledging the contribution of such employees who have expired while performing essential services during the Covid-19 pandemic on behalf of the State Government.”
“The High Court can interfere with the order of punishment only in case of violation of the provisions of rules or principles of natural justice are proved.”
“The punishment of dismissal in the present case shocks the conscience of this court because the punishment is shockingly disproportionate.”
“The re-evaluation of the marks beyond the specified period at the discretion of the GPSC at any stage will be an anathema to the finalization/conclusion of the result. The final merit list or the result will always remain in the state of flux putting the career of the candidates at peril if such an approach, is allowed to be adopted.”
“This Court is inclined to dispose of this petition with a direction to the respondents No.2/3 to follow the proper procedure as prescribed under Rule 11.2 and 11.3 of the Rules of 2013.”