Not ‘honourably’ acquitted in a case? Employer can’t be compelled to give appointment: SC. [“Honourable acquittal” defined]
Supreme Court: In a case where a man, after being acquitted in a kidnapping case, had applied for the post of Constable
Service Law
“Voluntary retirement v/s Resignation”; Supreme Court cogitates technicalities of legal terms and their implication in Armed Forces
“Having tendered ‘resignation’, the respondent had to suffer the consequences and could not be permitted to take ‘U’ turn and say that what the respondent wanted was ‘premature retirement’ and not ‘resignation’.”
AFT denies grant of any relief to the person invalidated from service due to Alcohol Dependence Syndrome
“All efforts are made by military doctors and the organization to help a soldier who has become a victim of ‘Alcohol Dependence Syndrome’ and only when all efforts fail the soldier is invalided out on ground of ‘Alcohol Dependence Syndrome”.
Supreme Court sets aside Allahabad HC’s decision declaring Regulation 101 framed under Intermediate Education Act unconstitutional
“It is clear that recruitment by way of “Outsourcing” may have its own deficiencies and pit falls, however, a decision to take “Outsourcing” cannot be declared as ultra vires of the constitution on the basis of mere presumption and assumption.”
‘Labour Court’s decision should not be based on mere hypothesis’; SC upholds bank employee’s dismissal in a 33 year old case
“Judicial discretion, it is trite, cannot be exercised either whimsically or capriciously. It may scrutinize or analyse the evidence but what is important is how it does so.”
Retrospective seniority from a date when employee was not even borne in service? A big no, holds Supreme Court
Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that retrospective seniority cannot be claimed from a
“The question is of trust”. No matter how trivial the case, suppression of fact of conviction can lead to termination from service: Supreme Court
When a candidate suppresses material information and/or gives false information, the choice/option whether to continue or not to continue such an employee always must be given to the employer.
Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings
The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.
Wrongful termination| Reinstatement with full back wages not automatic in every case, holds Supreme Court
Supreme Court: The bench of R. Subhash Reddy* and Sanjiv Khanna, JJ has held that reinstatement with full back wages is not
Daughter gets divorced right after parent’s death. Can she claim compassionate appointment? SC explains
Supreme Court: In a case where a woman had sought compassionate appointment after her mother’s death in the year 2012, the bench
Nothing wrong with OBC Reservation for consecutive term for the office of Mayor; SC interprets Maharashtra Rules
Supreme Court: The bench of L. Nageswara Rao v. BR Gavai*, JJ has set aside the judgment of the Aurangabad bench of
Is there a cut-off date under Para 11(3) of the Employees’ Pension Scheme? Larger bench to decide. Read why RC Gupta verdict needs to be re-visited
Supreme Court: The bench of UU Lalit and Ajay Rastogi, JJ has referred the question as to whether there would be a
Govt must reserve posts for promotions for persons with disabilities even under 1995 PwD Act; explore other methods to avoid stagnation: Supreme Court
“… sometimes it is easier to bring a legislation into force but far more difficult to change the social mind set which would endeavour to find ways and means to defeat the intent of the Act enacted… .”
Explained| Can compassionate appointment be given years after the death of the employee? What happens in case of employee’s civil death?
The Court was hearing a case where a woman had sought compassionate appointment for her son 10 years after her husband had gone missing.
Tri HC| Claim of regularization can be made only within the four corners of a scheme framed by the government
Tripura High Court: Akil Kureshi, CJ., dismissed a writ petition which was filed by the petitioner praying for regularizing her in service
Utt HC| Degree of M.A. in Public Administration equivalent to a degree of M.A. in Political Science as per UGC; UKPSC directed to consider candidature for appointment as Assistant Professor
Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ., and Alok Kumar Verma, J., decided over a petition which was
Utt HC| Principle of interpretation states that each part of the statute, rules or regulations should be given meaning so as to make them workable; Court quashes advertisement for recruitment for post of Assistant Clerk
Uttaranchal High Court: Ravindra Maithani, J., allowed a writ petition which was filed by the petitioner who was aggrieved by the advertisement
Whether punishment justified where the authority imposing punishment and approving it, is the same person? Supreme Court clarifies
Supreme Court: The 3-Judge Bench comprising of Uday Umesh Lalit, Hemant Gupta* and S. Ravindra Bhat, JJ., addressed the instant appeal filed
“Recruitment to public services must command public confidence”; Supreme Court upholds cancellation of DSSSB Head Clerk selection process in light of “systematic irregularities”
“When the credibility of an entire examination stands vitiated by systemic irregularities, the issue then is not about seeking to identify the candidates who are tainted.”
Jhar HC | [Service Law] In a case past two decade, Court observes procedural irregularity at the behest of Disciplinary authority; issues direction for consequential benefits
Jharkhand High Court: Deepak Roshan, J., while allowing the present writ application, said, “This court is having no hesitation to hold that