Service Law

Supreme Court Stays Promotions of District Judges Based on Seniority-cum-Merit: Ravikumar Dhansukhlal Maheta vs. High Court of Gujarat (2023)

/ C.T. Ravikumar, Constitutional Law, Constitutional Law with Article 32, Judges, M.R. Shah, Promotion, Service Law, Service Law with Gujarat State Judicial Service Rules, 2005

Supreme Court Stays Promotions of District Judges Based on Seniority-cum-Merit: Ravikumar Dhansukhlal Maheta vs. High Court of Gujarat (2023) LEGAL ISSUE: Whether promotions to the cadre of District Judge should be based on merit-cum-seniority or seniority-cum-merit. CASE TYPE: Service Law Case Name: Ravikumar Dhansukhlal Maheta & Anr. vs. High Court of Gujarat and Ors. [Judgment […]

Supreme Court Stays Promotions of District Judges Based on Seniority-cum-Merit: Ravikumar Dhansukhlal Maheta vs. High Court of Gujarat (2023) Read Post »

Supreme Court Quashes Dismissal in Sexual Harassment Case, Emphasizes Fair Inquiry: Aureliano Fernandes vs. State of Goa (2023) INSC 527 (12 May 2023)

/ A.S. Bopanna, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 311, Disciplinary Proceedings, Fundamental Rights, Hima Kohli, Judges, Service Law, Service Law with CCS (CCA) Rules, 1965, Sexual Harassment at Workplace

Supreme Court Quashes Dismissal in Sexual Harassment Case, Emphasizes Fair Inquiry: Aureliano Fernandes vs. State of Goa (2023) INSC 527 (12 May 2023) LEGAL ISSUE: Whether the inquiry conducted by the Complaints Committee adhered to principles of natural justice and the “as far as practicable” norm in a sexual harassment case, and whether the subsequent

Supreme Court Quashes Dismissal in Sexual Harassment Case, Emphasizes Fair Inquiry: Aureliano Fernandes vs. State of Goa (2023) INSC 527 (12 May 2023) Read Post »

Supreme Court Grants Probation in Essential Commodities Act Case After 37 Years

/ Abhay S. Oka, Essential Commodities Act, 1955, Essential Commodities Act, 1955 with Section 7(1)(a)(ii), Judges, Probation, Probation of Offenders Act, 1958, Probation of Offenders Act, 1958 with Section 4, Rajesh Bindal, Sentencing

Supreme Court Grants Probation in Essential Commodities Act Case After 37 Years LEGAL ISSUE: Whether a person convicted under the Essential Commodities Act, 1955 can be granted probation under the Probation of Offenders Act, 1958, despite a minimum sentence prescribed in the Essential Commodities Act. CASE TYPE: Criminal Law Case Name: Tarak Nath Keshari vs.

Supreme Court Grants Probation in Essential Commodities Act Case After 37 Years Read Post »

Supreme Court Upholds Pension Rights Despite Employer Error: Calcutta State Transport Corporation vs. Ashit Chakraborty (2023)

/ Abhay S. Oka, Judges, Pension Benefits, Rajesh Bindal, Road Transport Corporation Act, 1950, Road Transport Corporation Act, 1950 with Section 45, Service Law

Supreme Court Upholds Pension Rights Despite Employer Error: Calcutta State Transport Corporation vs. Ashit Chakraborty (2023) LEGAL ISSUE: Whether an employee who opted for a pension scheme can be denied benefits due to the employer’s error in continuing deductions towards a Contributory Provident Fund (CPF) scheme. CASE TYPE: Service Law Case Name: Calcutta State Transport

Supreme Court Upholds Pension Rights Despite Employer Error: Calcutta State Transport Corporation vs. Ashit Chakraborty (2023) Read Post »

Supreme Court Upholds Pension Rights Despite Employer’s Error in Calcutta State Transport Corporation vs. Ashit Chakraborty (2023)

/ Abhay S. Oka, Calcutta State Transport Corporation Employees’ Service (Death cum Retirement Benefits) Regulations, 1990, Judges, Pension Benefits, Rajesh Bindal, Road Transport Corporation Act, 1950, Road Transport Corporation Act, 1950 with Section 45, Service Law, Service Law with Waiver

Supreme Court Upholds Pension Rights Despite Employer’s Error in Calcutta State Transport Corporation vs. Ashit Chakraborty (2023) LEGAL ISSUE: Whether an employee is entitled to pension benefits after opting for a pension scheme, despite the employer’s continued deductions for a Contributory Provident Fund (CPF) and not paying pension benefits. CASE TYPE: Service Law Case Name:

Supreme Court Upholds Pension Rights Despite Employer’s Error in Calcutta State Transport Corporation vs. Ashit Chakraborty (2023) Read Post »

Supreme Court Upholds Service Counting for Diploma Holders Acquiring Degrees in Promotion: T. Valsan vs. K. Kanagaraj (2023)

/ Abhay S. Oka, Judges, Manoj Misra, Promotion Rules, Sanjay Kishan Kaul, Seniority, Service Law, Service Law with Recruitment Rules, 1979

Supreme Court Upholds Service Counting for Diploma Holders Acquiring Degrees in Promotion: T. Valsan vs. K. Kanagaraj (2023) Date of the Judgment: May 8, 2023 Citation: (2023) INSC 449 Judges: Sanjay Kishan Kaul, J., Abhay S. Oka, J., Manoj Misra, J. Can a Diploma holder, who obtains an Engineering Degree during their service, count their

Supreme Court Upholds Service Counting for Diploma Holders Acquiring Degrees in Promotion: T. Valsan vs. K. Kanagaraj (2023) Read Post »

Supreme Court Upholds Cancellation of Caste Certificate: Bhubaneswar Development Authority vs. Madhumita Das (2023)

/ Caste Certificate, Constitutional Law, Constitutional Law with Article 15(4), Constitutional Law with Article 16(4), Dhananjaya Y Chandrachud, J.B. Pardiwala, Judges, Reservation, Service Law, Service Law with Orissa Caste Certificate (for Scheduled Castes and Scheduled Tribes) Rules, 1980

Supreme Court Upholds Cancellation of Caste Certificate: Bhubaneswar Development Authority vs. Madhumita Das (2023) LEGAL ISSUE: Whether a person belonging to a forward caste, who marries a person from a Scheduled Caste, is entitled to claim reservation benefits. CASE TYPE: Service Law Case Name: Bhubaneswar Development Authority vs. Madhumita Das & Ors Judgment Date: May

Supreme Court Upholds Cancellation of Caste Certificate: Bhubaneswar Development Authority vs. Madhumita Das (2023) Read Post »

Supreme Court Upholds Dismissal in Caste Certificate Case: Bhubaneswar Development Authority vs. Madhumita Das (2023)

/ Constitutional Law, Constitutional Law with Article 15(4), Constitutional Law with Article 16(4), Dhananjaya Y Chandrachud, Dismissal, J.B. Pardiwala, Judges, Orissa Caste Certificate Rules, Reservation, Service Law

Supreme Court Upholds Dismissal in Caste Certificate Case: Bhubaneswar Development Authority vs. Madhumita Das (2023) LEGAL ISSUE: Whether a person belonging to a forward caste can claim reservation benefits by marrying a person from a Scheduled Caste. CASE TYPE: Service Law Case Name: Bhubaneswar Development Authority vs. Madhumita Das & Ors. [Judgment Date]: May 2,

Supreme Court Upholds Dismissal in Caste Certificate Case: Bhubaneswar Development Authority vs. Madhumita Das (2023) Read Post »

Supreme Court Upholds Dismissal After Ratification: Jamnagar Municipal Corporation vs. R.M. Doshi (2 May 2023)

/ Disciplinary Proceedings, Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971, Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971 with Rule 6, J.B. Pardiwala, Judges, M.R. Shah, Ratification, Service Law

Supreme Court Upholds Dismissal After Ratification: Jamnagar Municipal Corporation vs. R.M. Doshi (2023) LEGAL ISSUE: Whether a disciplinary order passed by an officer lacking initial authority can be validated through subsequent ratification by the competent authority. CASE TYPE: Service Law. Case Name: Municipal Commissioner, Jamnagar Municipal Corporation and Anr. vs. R.M. Doshi. [Judgment Date]: 2

Supreme Court Upholds Dismissal After Ratification: Jamnagar Municipal Corporation vs. R.M. Doshi (2 May 2023) Read Post »

Ratification Validates Dismissal: Supreme Court Decision in Jamnagar Municipal Corporation vs. R.M. Doshi (2023)

/ Disciplinary Proceedings, Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971, J.B. Pardiwala, Jamnagar Municipal Corporation, Judges, M.R. Shah, Municipal Law, Ratification, Resolution No. 51, Resolution No. 56, Service Law

Supreme Court Upholds Dismissal After Ratification: Jamnagar Municipal Corporation vs. R.M. Doshi (2023) Date of the Judgment: May 2, 2023 The Supreme Court of India, in a recent judgment, addressed a crucial question regarding the validity of a dismissal order passed by an authority lacking initial jurisdiction but subsequently ratified by the competent body. The

Ratification Validates Dismissal: Supreme Court Decision in Jamnagar Municipal Corporation vs. R.M. Doshi (2023) Read Post »

Supreme Court Upholds Revised Merit List Based on Re-evaluation in Delhi High Court Private Secretary Appointments: Sunil & Ors. vs. High Court of Delhi & Ors. (28 April 2023)

/ Delhi High Court, Judges, M.R. Shah, Private Secretary Appointments, Recruitment, Sanjay Karol, Service Law

Supreme Court Upholds Revised Merit List Based on Re-evaluation in Delhi High Court Private Secretary Appointments: Sunil & Ors. vs. High Court of Delhi & Ors. (2023) LEGAL ISSUE: Whether candidates whose marks were increased after re-evaluation are entitled to a revised merit list that reflects their new scores for seniority. CASE TYPE: Service Law/Recruitment

Supreme Court Upholds Revised Merit List Based on Re-evaluation in Delhi High Court Private Secretary Appointments: Sunil & Ors. vs. High Court of Delhi & Ors. (28 April 2023) Read Post »

Supreme Court Upholds Revised Merit List Based on Re-evaluation for Private Secretary Posts: Sunil & Ors. vs. High Court of Delhi & Ors. (28 April 2023)

/ Judges, M.R. Shah, Merit List, Recruitment, Sanjay Karol, Seniority, Service Law

Supreme Court Upholds Revised Merit List Based on Re-evaluation for Private Secretary Posts: Sunil & Ors. vs. High Court of Delhi & Ors. (2023) Date of the Judgment: 28 April 2023 Citation: 2023 INSC 459 Judges: M.R. Shah, J. and Sanjay Karol, J. Can a merit list be revised to reflect the correct marks of

Supreme Court Upholds Revised Merit List Based on Re-evaluation for Private Secretary Posts: Sunil & Ors. vs. High Court of Delhi & Ors. (28 April 2023) Read Post »

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