Service Law

Supreme Court Upholds Employee Transfer Rules: Vijay Kamble Case (2017)

/ Judges, Kurian Joseph, Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 with Section 3, Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 with Section 4(5), R. Banumathi, Service Law

LEGAL ISSUE: Inter-district transfer of government employees and its impact on promotion opportunities. CASE TYPE: Service Law Case Name: Vijay S/O Wamanrao Kamble v. Dnyaneshwar Mahadeo Mali & Ors. Judgment Date: November 7, 2017 Can a government employee’s inter-district transfer affect the promotion chances of others in the new district? The Supreme Court of India […]

Supreme Court Upholds Employee Transfer Rules: Vijay Kamble Case (2017) Read Post »

Supreme Court Upholds Rejection of Appointments Based on Incorrect Category: Amol vs. State of Maharashtra (2017)

/ Appointment, Judges, Kurian Joseph, Public Employment, R. Banumathi, Reservation, Service Law

Date of the Judgment: November 7, 2017 Citation: Not Available Judges: Justice Kurian Joseph and Justice R. Banumathi Can an appointment be valid if it was offered under a wrong category? The Supreme Court of India addressed this question in a recent case concerning appointments to the post of Krishi Sevak in Maharashtra. The court

Supreme Court Upholds Rejection of Appointments Based on Incorrect Category: Amol vs. State of Maharashtra (2017) Read Post »

Supreme Court Upholds High Court Decision on Ineligible Appointments: Shankar vs. State of Maharashtra (2017)

/ Appointment, Eligibility, Judges, Kurian Joseph, Mistake of Fact, R. Banumathi, Service Law

LEGAL ISSUE: Whether the appointments offered to candidates were valid despite their ineligibility based on merit. CASE TYPE: Service Law Case Name: Shankar vs. The State of Maharashtra & Ors. Judgment Date: 07 November 2017 Date of the Judgment: 07 November 2017 Citation: Civil Appeal No(s). 7940/2010 Judges: Justice Kurian Joseph and Justice R. Banumathi

Supreme Court Upholds High Court Decision on Ineligible Appointments: Shankar vs. State of Maharashtra (2017) Read Post »

Supreme Court Strikes Down Graduation Requirement for Forest Guard Promotions: Maharashtra Forest Guards vs. State of Maharashtra (2017)

/ Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Fundamental Rights, Judges, Kurian Joseph, Limited Departmental Competitive Examination, Promotions, R. Banumathi, Service Law

LEGAL ISSUE: Whether a rule requiring a graduate degree to participate in a Limited Departmental Competitive Examination (LDCE) for promotion violates Articles 14 and 16 of the Constitution of India. CASE TYPE: Service Law Case Name: Maharashtra Forest Guards and Foresters Union vs. The State of Maharashtra and Others Judgment Date: November 3, 2017 Date

Supreme Court Strikes Down Graduation Requirement for Forest Guard Promotions: Maharashtra Forest Guards vs. State of Maharashtra (2017) Read Post »

Supreme Court settles reinstatement of government employees after unauthorized foreign service: Shobha Nelson vs. State of Madhya Pradesh (2017)

/ Computation of Pension, Judges, L. Nageswara Rao, Pension Law, Reinstatement of Government Employees, S. A. Bobde, Service Law, Unauthorized Foreign Service

Date of the Judgment: October 31, 2017 Citation: (2017) INSC 913 Judges: S. A. Bobde, J., L. Nageswara Rao, J. Can government employees who leave for foreign service without permission be reinstated with full benefits? The Supreme Court of India recently addressed this question in a case involving doctors who served in Zanzibar without formal

Supreme Court settles reinstatement of government employees after unauthorized foreign service: Shobha Nelson vs. State of Madhya Pradesh (2017) Read Post »

Supreme Court Directs Further Training for Bihar Panchayat Teachers Failing Evaluation Test: Nirmala Kumari vs. State of Bihar (2017)

/ Bihar Panchayat Primary Teacher (Employment and Service Conditions) Rules, 2006, Judges, Kurian Joseph, R. Banumathi, Right to Education Act, 2009, Right to Education Act, 2009 with Section 23, Service Law, Teacher Employment, Teacher Qualification

Can teachers who failed an evaluation test be removed from service? The Supreme Court of India addressed this question in a case concerning Panchayat teachers in Bihar. The court considered the balance between maintaining educational standards and ensuring fair treatment of teachers appointed under older rules. This judgment highlights the importance of teacher training and

Supreme Court Directs Further Training for Bihar Panchayat Teachers Failing Evaluation Test: Nirmala Kumari vs. State of Bihar (2017) Read Post »

Supreme Court Sets Aside Retrospective Promotions for Excise and Taxation Officers: Sunaina Sharma vs. State of J&K (26 October 2017)

/ Deepak Gupta, J&K Civil Service Rules, J&K Civil Service Rules, 1956, J&K Civil Service Rules, 1956 with Rule 23, J&K Civil Service Rules, 1956 with Rule 24, Judges, Madan B. Lokur, Retrospective Promotion, Seniority, Service Law

LEGAL ISSUE: Whether promotee Excise and Taxation Officers (ETOs) can be granted retrospective promotion from the date vacancies occurred in the promotion quota, even if they did not work in the higher posts during that period. CASE TYPE: Service Law Case Name: Sunaina Sharma & Ors. vs. State of Jammu and Kashmir & Ors. [Judgment

Supreme Court Sets Aside Retrospective Promotions for Excise and Taxation Officers: Sunaina Sharma vs. State of J&K (26 October 2017) Read Post »

Supreme Court Protects Basic Pay on Absorption: Eastern Coalfields Ltd. vs. Prativa Biswas (2017)

/ Absorption, Arun Mishra, Breach of contract, Contract Law, Judges, Mohan M. Shantanagoudar, Pay Protection, Service Law, Terms of Contract

LEGAL ISSUE: Whether basic pay of employees can be reduced upon absorption into a new company, when the terms of absorption guaranteed protection of existing pay and emoluments. CASE TYPE: Service Law. Case Name: Eastern Coalfields Ltd. & Ors. vs. Prativa Biswas & Ors. Judgment Date: 11 October 2017 Introduction Date of the Judgment: 11

Supreme Court Protects Basic Pay on Absorption: Eastern Coalfields Ltd. vs. Prativa Biswas (2017) Read Post »

Supreme Court Grants Litigation Expenses to Reinstated Constables: Deepak Kumar vs. State of U.P. (2017)

/ Back Wages, Continuity of Service, Judges, Kurian Joseph, R. Banumathi, Reinstatement, Service Law

LEGAL ISSUE: Entitlement of back wages and continuity of service for police constables whose termination was deemed illegal. CASE TYPE: Service Law Case Name: Deepak Kumar & Ors. vs. Principal Secretary Home, Govt. of U.P Lucknow (U.P) & Ors. [Judgment Date]: 10 October 2017 Date of the Judgment: 10 October 2017 Citation: (2017) INSC 904

Supreme Court Grants Litigation Expenses to Reinstated Constables: Deepak Kumar vs. State of U.P. (2017) Read Post »

Supreme Court directs High Court to Expedite Hearing in Service Matter: Sudhakar Baburao Nangnure vs. Noreshwar Raghunathrao Shende (2017)

/ Appointment of Director of Town Planning, Judges, Kurian Joseph, R. Banumathi, Service Law, Service Law with Writ Petitions

Can the Supreme Court intervene when a High Court delays hearing a case despite prior directions? The Supreme Court of India addressed this in a service matter concerning the appointment of the Director of Town Planning in Maharashtra. The Court directed the High Court to expedite the hearing of the pending writ petitions. This case,

Supreme Court directs High Court to Expedite Hearing in Service Matter: Sudhakar Baburao Nangnure vs. Noreshwar Raghunathrao Shende (2017) Read Post »

Supreme Court overturns High Court order on promotion: Mohammed Faizal K.A. vs. D. Sali (2017)

/ A.M. Khanwilkar, Dipak Misra, Disciplinary Actions, Judges, Promotion, Service Law, Service Law with Rule 28 of the Kerala State and Subordinate Service Rules

LEGAL ISSUE: Whether a punishment imposed on an employee before the check period for promotion, but continuing into the check period, can be considered for denying promotion. CASE TYPE: Service Law Case Name: Mohammed Faizal K.A. vs. D. Sali and Ors. [Judgment Date]: October 4, 2017 Date of the Judgment: October 4, 2017 Citation: Not

Supreme Court overturns High Court order on promotion: Mohammed Faizal K.A. vs. D. Sali (2017) Read Post »

Supreme Court disposes of service age claim: Matta Anand Kumar vs. State of Andhra Pradesh (22 September 2017)

/ 2017 Judgments, Civil Appeals, Judges, Judicial Consistency, Kurian Joseph, Precedent, R. Banumathi, Retirement Age, Service Age, Service Law, Supreme Court Judgments

Can an employee’s claim for extended service be automatically resolved by a prior, similar judgment? The Supreme Court of India addressed this in the case of Matta Anand Kumar v. The State of Andhra Pradesh. This case deals with a claim for continued service up to 60 years of age. The court disposed of the

Supreme Court disposes of service age claim: Matta Anand Kumar vs. State of Andhra Pradesh (22 September 2017) Read Post »

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