Service Law Archives | Page 4 of 9

Supreme Court upholds validity of amended Employees’ Pension Scheme but reads down certain provisions; Explains applicability of pre & post amendment Scheme

The requirement of the members to contribute at the rate of 1.16 per cent of their salary to the extent such salary exceeds Rs.15000/- per month as an additional contribution under the amended scheme has, however, been held to be ultra vires the provisions of the 1952 Act. The Court has given 6 months’ breather to the authorities make adjustments in the scheme.

Case Briefs Supreme Court

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

Case Briefs High Courts

J&K and Ladakh HC | Petition challenging 4% reservation for Pahari Speaking People in State/UT Services dismissed as petitioners failed to qualify as ‘aggrieved persons’ for the purposes of Art 226

Jammu and Kashmir and Ladakh High Court: While deliberating over the instant writ petition concerning reservation provided to Pahari Speaking People, the

Case Briefs Supreme Court

Married daughter cannot claim compassionate appointment as a right; certainly not years after employee’s death: Supreme Court

Supreme Court: In a case where a married daughter of the deceased was claiming compassionate appointment, the bench of MR Shah* and

Legal RoundUp Supreme Court Roundups

Supreme Court September 2022| Abortion Rights to all ‘women’; Marital Rape; Pre-sentence hearing of death row convicts; Sidhique Kappan’s bail; Collegium Recommendation; and more

This roundup revisits the analyses of Supreme Court’s judgments/orders on Unmarried persons’ right to safe abortion, Inclusion of ‘marital rape’ under Abortion laws, Journalist Sidhique Kappan’s bail; Constitution Bench’s opinion on Doctrine of Precedents; Reference of question relating to Pre-sentence hearing of death row convicts; Explainers on important law points; Collegium Recommendation; and more

Case Briefs Supreme Court

Hiding criminal antecedents while applying for Government job? Good enough reason for employer to terminate services. Read Supreme Court’s clear principles governing such cases

Supreme Court: While dealing with a case relating to termination of a CRPF probationer for suppressing material information relating to his criminal

Case Briefs Supreme Court

Supreme Court holds private school teachers entitled to gratuity; upholds Constitutional validity of Payment of Gratuity (Amendment) Act, 2009

“When the legislature acts within its power to usher in a valid law and rectify a legal error, even after a court ruling, the legislature exercises its constitutional power to enact the law and does not overrule an earlier court decision.”

Case Briefs Supreme Court

Make way for the outsiders: Compassionate Appointment cannot be extended to heirs of the retiring employees, holds Supreme Court

Supreme Court: In a case where the Ahmednagar Mahanagar Palika/ Municipal Corporation was giving appointment to the heirs of the employees on

Case Briefs Supreme Court

“Family” includes domestic, unmarried/queer relationships; Child care/maternity leave benefits cannot be denied if women do not fit into “popular imagination” of a family: SC

“Gendered roles assigned to women and societal expectations mean that women are always pressed upon to take a disproportionate burden of childcare work.”

Case Briefs Supreme Court

Employees cannot invoke writ jurisdiction against private educational institution for disputes relating to ordinary contract of service: Supreme Court

“Individual wrongs or breach of mutual contracts without having any public element as its integral part cannot be rectified through a writ petition under Article 226.”

Case Briefs Supreme Court

Financial crunch a valid ground to fix cut-off date for granting actual benefit of revision of pension/pay; Rule 3(3) of Tripura State Civil Services (Revised Pension) Rules, 2009 constitutional: Supreme Court

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that the financial crunch/financial constraint due to additional financial

Case Briefs High Courts

Himachal Pradesh High Court | Second Wife entitled to family pension only when personal law of deceased employee allows Bigamy

Himachal Pradesh High Court: In a petition related to family pension, Jyotsna Rewal Dua, J has held that the second

Case Briefs Foreign Courts

Employee or Independent Contractor? Supreme Court of New Jersey decides the issue for East Bay Drywall, LLC; holds that workers were misclassified

“A business practice that requires workers to assume the appearance of an independent business entity — a company in name only — could give rise to an inference that such a practice was intended to obscure the employer’s responsibility to remit its fund contributions as mandated by the State’s employee protections statutes”

Case Briefs High Courts

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

Case Briefs Supreme Court

Explained| What happens when a candidate, in a competitive exam, uses different language in answer sheet than that filled in application form?

Supreme Court: In the case where a candidate appearing for examination for recruitment to the post of Constables in Railway Protection Force

Case Briefs High Courts

Jharkhand High Court| Date of application or Date of death – From when is the monetary compensation on account of death of an employee to be paid?

Jharkhand High Court: S.N. Pathak, J., allowed the writ petition directing Central Coalfields Limited (‘CCL') to modify the monetary compensation

Case Briefs High Courts

Gauhati High Court| ‘Cousin’ not a family member; cannot be considered for Preferential Appointment under Assam Public Services (Preferential Appointment) Rules, 1999

Gauhati High Court: The single Bench of Michael Zothankhuma, J., disposed of the writ petition and held that a cousin cannot be

Legal RoundUp Supreme Court Roundups

Supreme Court June 2022 Roundup| Clean chit to PM Modi; Maharashtra Political Crisis; Psychological Evaluation of Death Row Convicts; and more

Top Stories of the Month Clean Chit to PM Modi in 2002 Gujarat riots case “SIT Officials have come out with flying

Case Briefs High Courts

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,

Cases Reported SCC Weekly

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