Service Law

Supreme Court Upholds Employee Transfer and Seniority: Gwalior Development Authority vs. Subhash Saxena (2022)

/ Judges, K.M. Joseph, Madhya Pradesh Nagar Tatagram Nivesh Adhiniyam, 1973, Madhya Pradesh Nagar Tatagram Nivesh Adhiniyam, 1973 with Section 72, Madhya Pradesh Nagar Tatagram Nivesh Adhiniyam, 1973 with Section 73, Promotion Rules, S. Ravindra Bhat, Seniority Disputes, Service Law, Transfer of Employees

Supreme Court Upholds Employee Transfer and Seniority: Gwalior Development Authority vs. Subhash Saxena (2022) LEGAL ISSUE: Whether an employee’s transfer between development authorities is valid and how seniority should be determined in such cases. CASE TYPE: Service Law Case Name: Gwalior Development Authority vs. Subhash Saxena & Others [Judgment Date]: March 14, 2022 Introduction Date […]

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Supreme Court permits age relaxation for Delhi Judicial Services Exam: High Court of Delhi vs. Devina Sharma (2022)

/ A S Bopanna, Age Relaxation, Constitutional Law, Constitutional Law with Article 233, Constitutional Law with Article 235, Delhi Judicial Service Rules 1970, Delhi Judicial Service Rules 1970 with Rule 14(c), Delhi Judicial Service Rules 1970 with Rule 9(3), Dhananjaya Y Chandrachud, Hima Kohli, Judges, Judicial Service Exams, Service Law

Supreme Court permits age relaxation for Delhi Judicial Services Exam: High Court of Delhi vs. Devina Sharma (2022) LEGAL ISSUE: Whether the High Court can fix age criteria for judicial service exams, and whether candidates should get age relaxation due to delayed exams. CASE TYPE: Service Law Case Name: High Court of Delhi vs. Devina

Supreme Court permits age relaxation for Delhi Judicial Services Exam: High Court of Delhi vs. Devina Sharma (2022) Read Post »

Supreme Court Upholds Ban on Inter-Commissionerate Transfers: SK Nausad Rahaman vs. Union of India (2022)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 309, Dhananjaya Y Chandrachud, Fundamental Rights, Judges, Recruitment Rules, Service Conditions, Service Law, Vikram Nath

Supreme Court Upholds Ban on Inter-Commissionerate Transfers: SK Nausad Rahaman vs. Union of India (2022) LEGAL ISSUE: Whether Inter-Commissionerate Transfers (ICTs) are permissible under the Central Excise and Customs Commissionerates Inspector (Central Excise, Preventive Officer and Examiner) Group ‘B’ Posts Recruitment Rules 2016, and whether the ban on ICTs violates fundamental rights. CASE TYPE: Service

Supreme Court Upholds Ban on Inter-Commissionerate Transfers: SK Nausad Rahaman vs. Union of India (2022) Read Post »

Supreme Court Upholds Seniority of Compassionate Appointees over Direct Recruits in Engineering Services

/ Abhay S. Oka, Ajay Rastogi, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Judges, Seniority, Service Law, Tamil Nadu State and Subordinate Services Rules, 1955, Tamil Nadu State and Subordinate Services Rules, 1955 with Rule 35(aa)

Supreme Court Upholds Seniority of Compassionate Appointees over Direct Recruits in Engineering Services LEGAL ISSUE: Whether compassionate appointees are entitled to seniority over direct recruits in the Tamil Nadu Highways Engineering Service. CASE TYPE: Service Law Case Name: M. Kendra Devi vs. The Government of Tamil Nadu and Others Judgment Date: 10 March 2022 Introduction

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Supreme Court Upholds MACP Implementation Date, Rejects ACP Claims: Delhi Development Authority vs. Narender Kumar & Ors. (2022)

/ Bela M. Trivedi, Employee Benefits, Judges, S. Ravindra Bhat, Service Law, Service Law with ACP Scheme, Service Law with MACP Scheme, Uday Umesh Lalit

Supreme Court Upholds MACP Implementation Date, Rejects ACP Claims: DDA vs. Narender Kumar (2022) LEGAL ISSUE: Whether the Modified Assured Career Progression Scheme (MACP) should be applied from 01-01-2006, or 01-09-2008 and whether employees are entitled to benefits under the old Assured Career Progression (ACP) scheme after the implementation of MACP. CASE TYPE: Service Law

Supreme Court Upholds MACP Implementation Date, Rejects ACP Claims: Delhi Development Authority vs. Narender Kumar & Ors. (2022) Read Post »

Supreme Court clarifies promotion rights for voluntary retirees and delays: Union of India vs. Manpreet Singh Poonam (2022)

/ Judges, M.M. Sundresh, Promotion, Sanjay Kishan Kaul, Service Law, Service Law with Rules of 2003, Voluntary Retirement

Supreme Court clarifies promotion rights for voluntary retirees and delays: Union of India vs. Manpreet Singh Poonam (2022) LEGAL ISSUE: Whether a voluntary retiree can claim promotion as a matter of right and whether a delay in considering promotion creates a vested right over a post. CASE TYPE: Service Law Case Name: Union of India

Supreme Court clarifies promotion rights for voluntary retirees and delays: Union of India vs. Manpreet Singh Poonam (2022) Read Post »

Supreme Court Orders Interest on Delayed Retirement Benefits: Dr. A. Selvaraj vs. C.B.M. College (2022)

/ B.V. Nagarathna, Delayed Payments, Interest on Delayed Payments, Judges, M.R. Shah, Retirement Benefits, Service Law

Supreme Court Orders Interest on Delayed Retirement Benefits: Dr. A. Selvaraj vs. C.B.M. College (2022) LEGAL ISSUE: Whether a retired employee is entitled to interest on delayed payment of retirement benefits when the delay is not attributable to the employee. CASE TYPE: Service Law Case Name: Dr. A. Selvaraj vs. C.B.M. College and Ors. [Judgment

Supreme Court Orders Interest on Delayed Retirement Benefits: Dr. A. Selvaraj vs. C.B.M. College (2022) Read Post »

Supreme Court Clarifies Seniority-cum-Merit for Promotions in Cantonment Boards: Rama Negi vs. Union of India (2 March 2022)

/ Cantonment Fund Servant Rules, 1937, Cantonment Fund Servant Rules, 1937 with Rule 5-B (8), Hrishikesh Roy, Judges, K.M. Joseph, Promotion, Seniority, Service Law, Service Law with Office Memorandum dated 12 December 1988

Supreme Court Clarifies Seniority-cum-Merit for Promotions in Cantonment Boards: Rama Negi vs. Union of India (2022) LEGAL ISSUE: Determining the appropriate criteria for promotion to selection posts, specifically concerning seniority-cum-merit and the impact of higher pay scales within the feeder cadre. CASE TYPE: Service Law Case Name: Rama Negi vs. Union of India & Ors.

Supreme Court Clarifies Seniority-cum-Merit for Promotions in Cantonment Boards: Rama Negi vs. Union of India (2 March 2022) Read Post »

Supreme Court Upholds Dismissal of CISF Constable for Assaulting Senior Officer: Union of India vs. Managobinda Samantaray (24 February 2022)

/ Appellate Powers, Bela M. Trivedi, Disciplinary Proceedings, Judges, Sanjiv Khanna, Service Law, Service Law with Rule 52 of the CISF Rules, 2001

Supreme Court Upholds Dismissal of CISF Constable for Assaulting Senior Officer LEGAL ISSUE: Whether the appellate authority’s decision to enhance the penalty of a CISF constable from reduction of pay to dismissal was justified, and whether the High Court’s intervention in reducing the punishment was appropriate. CASE TYPE: Service Law. Case Name: Union of India

Supreme Court Upholds Dismissal of CISF Constable for Assaulting Senior Officer: Union of India vs. Managobinda Samantaray (24 February 2022) Read Post »

Supreme Court Rejects Review Petition on Uttar Pradesh Teacher Recruitment: Vijay Pratap Yadav vs. State of Uttar Pradesh (23 February 2022)

/ Ajay Rastogi, Judges, Review Jurisdiction, Review Petition, Service Law, State of Uttar Pradesh, Supreme Court of India, Teacher Recruitment, Uday Umesh Lalit

Supreme Court Rejects Review Petition on Uttar Pradesh Teacher Recruitment: Vijay Pratap Yadav vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether a review petition filed by non-parties to a previous litigation should be entertained when the issue has been considered multiple times. CASE TYPE: Service Law Case Name: Vijay Pratap Yadav and Ors. vs.

Supreme Court Rejects Review Petition on Uttar Pradesh Teacher Recruitment: Vijay Pratap Yadav vs. State of Uttar Pradesh (23 February 2022) Read Post »

Supreme Court Rejects Review Petition on Uttar Pradesh Teacher Recruitment: Vijay Pratap Yadav vs. State of Uttar Pradesh (23 February 2022)

/ Ajay Rastogi, Judges, Review Petition, Service Law, State of U.P and others v. Shiv Kumar Pathak and others, Teacher Recruitment, Uday Umesh Lalit

Supreme Court Rejects Review Petition on Uttar Pradesh Teacher Recruitment: Vijay Pratap Yadav vs. State of Uttar Pradesh (2022) LEGAL ISSUE: Whether a review petition filed by non-parties to an earlier litigation regarding a teacher recruitment process should be entertained. CASE TYPE: Service Law Case Name: Vijay Pratap Yadav and Ors. vs. State of Uttar

Supreme Court Rejects Review Petition on Uttar Pradesh Teacher Recruitment: Vijay Pratap Yadav vs. State of Uttar Pradesh (23 February 2022) Read Post »

Supreme Court Upholds Termination for False Caste Certificate but Waives Recovery: Jayashree vs. Director Collegiate Education (2022)

/ Hrishikesh Roy, Judges, K.M. Joseph, Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules, 1992, Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules, 1992 with Rule 7B, Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990, Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990 with Section 4, Reservation in Appointments, Service Law, Termination of Service

Supreme Court Upholds Termination for False Caste Certificate but Waives Recovery: Jayashree vs. Director Collegiate Education (2022) LEGAL ISSUE: Whether an appointment secured using a false caste certificate can be terminated, and if so, whether the employee is liable to repay the salary and benefits received. CASE TYPE: Service Law, Reservation in Appointments Case Name:

Supreme Court Upholds Termination for False Caste Certificate but Waives Recovery: Jayashree vs. Director Collegiate Education (2022) Read Post »

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