Service Law Archives

Supreme Court clarifies maximum probation period for teachers in Delhi Schools: Durgabai Deshmukh Memorial Sr. Sec. School & Anr. vs. J.A.J Vasu Sena & Anr. (21 August 2019)

August 21, 2019 / Aniruddha Bose, Constitutional Law, Constitutional Law with Article 142, Dhananjaya Y Chandrachud, Judges, Probation, Service Law, Service Law with Rule 105

Supreme Court Clarifies Probation Period for Delhi School Teachers: Durgabai Deshmukh Memorial Sr. Sec. School vs. J.A.J Vasu Sena (2019) LEGAL ISSUE: Whether the Delhi School Education Rules, 1973, limit the maximum probation period for teachers to two years and whether continuation of service beyond this period results in automatic confirmation. CASE TYPE: Education Law, […]

Supreme Court clarifies maximum probation period for teachers in Delhi Schools: Durgabai Deshmukh Memorial Sr. Sec. School & Anr. vs. J.A.J Vasu Sena & Anr. (21 August 2019) Read Post »

Supreme Court Upholds Reinstatement Due to Flawed Inquiry in College Misconduct Case: Secretary Managing Committee BSMPG College Roorkee vs. Dr. Samrat Sharma & Others (2019) INSC 766 (08 August 2019)

August 8, 2019 / Disciplinary Proceedings, Hemant Gupta, Judges, L. Nageswara Rao, Procedural Fairness, Reinstatement, Service Law, Uttar Pradesh State Universities Act, 1973, Uttar Pradesh State Universities Act, 1973 with Section 50

Supreme Court Upholds Reinstatement Due to Flawed Inquiry in College Misconduct Case Date of the Judgment: 08 August 2019 Citation: (2019) INSC 766 Judges: L. Nageswara Rao, J. and Hemant Gupta, J. Can a college terminate a professor’s employment without following proper procedures? The Supreme Court of India recently addressed this question in a case

Supreme Court Upholds Reinstatement Due to Flawed Inquiry in College Misconduct Case: Secretary Managing Committee BSMPG College Roorkee vs. Dr. Samrat Sharma & Others (2019) INSC 766 (08 August 2019) Read Post »

Supreme Court Denies Pro-Rata Pension to Employee Under Voluntary Retirement Scheme: Central Bank of India vs. Tara Chand (2019)

July 31, 2019 / Ashok Bhushan, Central Bank of India (Employees’) Pension Regulations, 1995, Central Bank of India (Employees’) Pension Regulations, 1995 with Regulation 14, Central Bank of India (Employees’) Pension Regulations, 1995 with Regulation 28, Central Bank of India Employees Voluntary Retirement Scheme, 2001, Central Bank of India Employees Voluntary Retirement Scheme, 2001 with Clause 6, Judges, Navin Sinha, Pension, Service Law, Voluntary Retirement Scheme

Central Bank of India vs. Tara Chand: Supreme Court Denies Pro-Rata Pension Under Voluntary Retirement Scheme LEGAL ISSUE: Whether an employee who opts for voluntary retirement under a specific scheme is automatically entitled to pro-rata pension if they meet the age or service criteria for applying to the scheme, or if they must also meet

Supreme Court Denies Pro-Rata Pension to Employee Under Voluntary Retirement Scheme: Central Bank of India vs. Tara Chand (2019) Read Post »

Supreme Court Reduces Back Wages for Habitual Absentee Employee: Anjana Mittal vs. ONGC (2019)

July 30, 2019 / Back Wages, Judges, Reinstatement, Service Law, Termination of Employment, Terms and Conditions of Appointment and Service Regulation, 1975, Terms and Conditions of Appointment and Service Regulation, 1975 with Regulation 24, Uday Umesh Lalit, Vineet Saran

Supreme Court Reduces Back Wages for Habitual Absentee Employee: Anjana Mittal vs. ONGC (2019) LEGAL ISSUE: Whether an employee terminated for excessive absenteeism, despite prior sanction of leave, is entitled to full back wages upon reinstatement. CASE TYPE: Labour Law/Service Law Case Name: Anjana Mittal vs. Oil and Natural Gas Corporation Limited [Judgment Date]: July

Supreme Court Reduces Back Wages for Habitual Absentee Employee: Anjana Mittal vs. ONGC (2019) Read Post »

Supreme Court clarifies rules on multiple dismissal orders in service law: Rajasthan Housing Board vs. Roshan Lal Saini (29 July 2019)

July 29, 2019 / Disciplinary Proceedings, Dismissal, Judges, Mohan M. Shantanagoudar, Rajasthan Service Rules, Rajasthan Service Rules with Rule 86(3), Sanjiv Khanna, Service Law

Rajasthan Housing Board vs. Roshan Lal Saini: Supreme Court on Double Dismissal LEGAL ISSUE: Whether an employee can be subjected to multiple dismissal orders for the same misconduct. CASE TYPE: Service Law Case Name: Rajasthan Housing Board vs. Roshan Lal Saini and Others Judgment Date: 29 July 2019 Introduction Date of the Judgment: 29 July

Supreme Court clarifies rules on multiple dismissal orders in service law: Rajasthan Housing Board vs. Roshan Lal Saini (29 July 2019) Read Post »

Supreme Court Converts Dismissal to Voluntary Retirement in Rathin Ghosh vs. West Bengal State Electricity Distribution Company Ltd. (29 July 2019)

July 29, 2019 / Ashok Bhushan, Disciplinary Proceedings, Judges, Navin Sinha, Proportionality of Punishment, Service Law, Service Law with Regulation 62, West Bengal State Electricity Board Regulations, West Bengal State Electricity Board Regulations with Regulation 11A, West Bengal State Electricity Board Regulations with Regulation 61

Supreme Court Converts Dismissal to Voluntary Retirement in Rathin Ghosh vs. WBSEDCL Date of the Judgment: 29 July 2019 Citation: [Not Available in Source] Judges: Ashok Bhushan, J., Navin Sinha, J. Can a disciplinary proceeding result in the dismissal of an employee for a minor lapse, especially when the employee has a long and unblemished

Supreme Court Converts Dismissal to Voluntary Retirement in Rathin Ghosh vs. West Bengal State Electricity Distribution Company Ltd. (29 July 2019) Read Post »

Supreme Court Upholds Bank’s Decision: No Repeated Hearings for Employees in Disciplinary Cases (25 July 2019)

July 25, 2019 / Disciplinary Proceedings, Hemant Gupta, Judges, L. Nageswara Rao, Principles of Natural Justice, Service Law

Supreme Court Upholds Bank’s Decision: No Repeated Hearings for Employees in Disciplinary Cases (25 July 2019) LEGAL ISSUE: Whether an employee is entitled to multiple opportunities for a hearing in disciplinary proceedings. CASE TYPE: Service Law Case Name: State Bank of India & Ors. vs. Atindra Nath Bhattacharyya & Anr. [Judgment Date]: 25 July 2019

Supreme Court Upholds Bank’s Decision: No Repeated Hearings for Employees in Disciplinary Cases (25 July 2019) Read Post »

Supreme Court clarifies eligibility for Bengali teachers: West Bengal Central School Service Commission vs. Abdul Halim (24 July 2019)

July 24, 2019 / Indira Banerjee, Judges, Language Proficiency, R. Banumathi, Service Law, Teacher Eligibility, West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007, West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 with Rule 5, West Bengal School Service Commission Act, 1997, West Bengal School Service Commission Act, 1997 with Section 17

Supreme Court clarifies eligibility for Bengali teachers: West Bengal Central School Service Commission vs. Abdul Halim (2019) LEGAL ISSUE: Whether a certificate course in Bengali from Delhi University is equivalent to the language proficiency required for teaching in a Bengali medium school in West Bengal. CASE TYPE: Service Law. Case Name: West Bengal Central School

Supreme Court clarifies eligibility for Bengali teachers: West Bengal Central School Service Commission vs. Abdul Halim (24 July 2019) Read Post »

Supreme Court Upholds Integrated Seniority for LDCs and Typists: K. Anjaneyulu vs. T. Ashok Raju (24 July 2019)

July 24, 2019 / A.S. Bopanna, Electricity Supply Act, Electricity Supply Act with Section 79, Judges, Promotions, R. Banumathi, Service Law, Service Regulations

Supreme Court Upholds Integrated Seniority for LDCs and Typists: K. Anjaneyulu vs. T. Ashok Raju (2019) Date of the Judgment: 24 July 2019 Citation: (2019) INSC 717 Judges: Justice R. Banumathi and Justice A.S. Bopanna Can the training period of Lower Division Clerks (LDCs) be counted for seniority when they are considered for promotion to

Supreme Court Upholds Integrated Seniority for LDCs and Typists: K. Anjaneyulu vs. T. Ashok Raju (24 July 2019) Read Post »

Supreme Court Denies Ex-Gratia Compensation to Soldier on Extended Service: Ashok Kumar vs. Union of India (2019)

July 24, 2019 / Dhananjaya Y. Chandrachud, Disability Pension, Ex-Gratia Compensation, Indira Banerjee, Judges, Military Service, Pension Regulations for the Army, 1961, Pension Regulations for the Army, 1961 with Regulation 173, Pension Regulations for the Army, 1961 with Regulation 173-A, Service Law

Supreme Court Denies Ex-Gratia Compensation to Soldier on Extended Service: Ashok Kumar vs. Union of India (2019) LEGAL ISSUE: Whether a soldier on extended service, who is discharged due to a disability not attributable to military service, is entitled to ex-gratia compensation. CASE TYPE: Service Law Case Name: Ex-Hav Ashok Kumar vs. Union of India

Supreme Court Denies Ex-Gratia Compensation to Soldier on Extended Service: Ashok Kumar vs. Union of India (2019) Read Post »

Supreme Court clarifies pay rules for suspended employees: State of Jharkhand vs. Amresh Narayan Sinha (2019)

July 22, 2019 / Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Pay and Allowances, Service Law, Service Law with Rule 97, Suspension of Government Employees

Supreme Court clarifies pay rules for suspended employees: State of Jharkhand vs. Amresh Narayan Sinha (2019) LEGAL ISSUE: Whether a suspended government employee is automatically entitled to full pay and allowances upon revocation of suspension, even if disciplinary proceedings are pending. CASE TYPE: Service Law Case Name: State of Jharkhand & Anr vs. Amresh Narayan

Supreme Court clarifies pay rules for suspended employees: State of Jharkhand vs. Amresh Narayan Sinha (2019) Read Post »

Supreme Court overturns High Court order on employee transfer after retirement: State of Bihar vs. Dr. Chaitraya Kumar Singh (2019)

July 19, 2019 / Allocation of Employees, Bihar Re-organisation Act, Dhananjaya Y Chandrachud, Indira Banerjee, Judges, Retirement Benefits, Service Law, Transfer of Employees

Supreme Court overturns High Court order on employee transfer after retirement: State of Bihar vs. Dr. Chaitraya Kumar Singh (2019) LEGAL ISSUE: Whether an employee can be transferred to another state after reaching superannuation in the original state, based on a prior transfer order. CASE TYPE: Service Law. Case Name: State of Bihar & Ors

Supreme Court overturns High Court order on employee transfer after retirement: State of Bihar vs. Dr. Chaitraya Kumar Singh (2019) Read Post »