Life cannot be breathed into the stillborn charge memorandum; SC holds where prior approval is the rule the defect cannot be cured by post-facto approval
“What is non-existent in the eye of the law cannot be revived retrospectively.”
Service Law
Whether adoption of parent Government Resolution by an undertaking leads to automatic adoption of subsequent modifying resolutions? SC decides
Supreme Court: The Division Bench of Dr Dhananjaya Y Chandrachud and M. R. Shah*, JJ., held that equation of posts and salary
“Not a case of lack of promotional opportunities”; No financial upgradation to employee refusing regular promotion for personal reasons: SC
Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that if a regular promotion is offered but
Jhar HC | Non-supply of documents cannot vitiate the enquiry in absence of showing how the alleged non-supply caused prejudice to workman
Jharkhand High Court: Shree Chandrashekhar, J. held that a charged employee has no unfettered right to ask for any document on which
Determination of Pension to be governed by the rule as it existed at the time of joining or the rule in force at the time of retirement? SC answers
“Discrimination, which is not based on any reasonable classification, is violative of all canons of equality enshrined in the Constitution of India.”
Right to promotion is not considered to be a fundamental right but consideration for promotion has now been evolved as a fundamental right: Supreme Court
Supreme Court: The 3-Judges Bench comprising of D.Y. Chandrachud, Vikram Nath* and B.V. Nagarathna, JJ., set aside the seniority list prepared by
Supreme Court affirms HC’s order upholding appointment of Mr. Dinkar Gupta as Punjab DSP
“When a person takes a chance and participates, thereafter he cannot, because the result is unpalatable, turn around to contend that the process was unfair or the selection committee was not properly constituted.”
Ker HC | Can an employee claim Special Disability leave for the period spent on treatment and hospitalization due to road accident while going to workplace? HC answers
Kerala High Court: The Division Bench of A.K. Jayasankaran Nambiar and Mohammed Nias C.P, JJ., directed the government of Kerala to consider
Law abiding ex-employees cannot be put to disadvantage merely for vacating the quarters on notice; SC holds decision to grant quarters only to unauthorized occupants is illegal
“To allot the plots to those employees who were found to be in unauthorized occupation would tantamount to giving a premium to their illegality and remaining in occupation and possession of the quarters illegally and unauthorizedly.”
SCC Snippets| Using ‘promotion’ and ‘upgradation’ interchangeably? You won’t after reading this SC verdict
In 2011, the bench of RV Raveendran and Markandey Katju, JJ laid down principles relating to promotion and upgradation.
[Civil Services] SC/ST or OBC candidate selected against unreserved vacancy as a general merit candidate cannot make a grievance for allocation of cadre: SC
“The State has no discretion of allocation of a cadre at its whims and fancies.”
[Military Services] “Much water has flown in the Ganges”; SC expresses dismay over appointments made from 1983 select panel after a lapse of 4-5 years
“No one has questioned their appointments…more than 34 years have rolled by and much water has flown in the Ganges and persons have later promoted to their promotional posts and few of them have retired.”
Can service rendered in Central and State government be considered a single block of pensionable service by condoning the break period between two services? SC answers
Supreme Court: The Division Bench of M.R. Shah and A.S. Bopanna*, JJ., condoned the non pensionable sandwiched period between pensionable services rendered
AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides
Armed Forces Tribunal (AFT): The Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve, Member (A) granted disability
CAT| When subjective satisfaction of dispensing with the inquiry is not supported by any independent material, dispensing with holding the inquiry would be illegal
“If a preliminary inquiry could be conducted, there may not be any reason as to why formal departmental inquiry could not have been initiated against the delinquent.”
Jhar HC | “A woman employee cannot be discriminated on the basis of mode of appointment”; HC holds a contractual employee is equally entitled to maternity benefits
Jharkhand High Court: S. N. Pathak, J., directed the State of Jharkhand to provide maternity benefits to a contractual employee whose demand
Pat HC | Constable dismissed from service after video of him consuming alcohol went viral on internet; HC sets aside dismissal for lack of evidence
Patna High Court: Chakradhari Sharan Singh, J., set aside the order of dismissal of a constable who was removed from service in
Explained| Can dependent seek Compassionate appointment to a post higher than what was held by the deceased employee?
Appointment on compassionate ground is a concession and not a right.
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
“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’.”