December 2018

Service Law–Promotion–Ranking List—Engineering Subordinates who possess such qualification earlier in time have to be ranked senior and those who possess such qualification in the next year upto 1st January are to be ranked junior. The reason is that Engineering Subordinates, who acquire the eligibility of qualification of A.M.I.E./B.E. with 5 years service earlier, are more meritorious having acquiring the qualification earlier than their senior, who either could not qualify A.M.I.E./B.E. examination or did not dare to take such examination. Therefore, after having acquired the qualification and experience later, they cannot steal a march over their juniors who have already acquired such qualification and are to be placed in ranking earlier than their seniors for the purpose of accelerated promotion–Service of 5 years has to be counted from the date when candidate acquires the required qualification

By | December 7th, 2018|Service Cases|

Comments Off on Service Law–Promotion–Ranking List—Engineering Subordinates who possess such qualification earlier in time have to be ranked senior and those who possess such qualification in the next year upto 1st January are to be ranked junior. The reason is that Engineering Subordinates, who acquire the eligibility of qualification of A.M.I.E./B.E. with 5 years service earlier, are more meritorious having acquiring the qualification earlier than their senior, who either could not qualify A.M.I.E./B.E. examination or did not dare to take such examination. Therefore, after having acquired the qualification and experience later, they cannot steal a march over their juniors who have already acquired such qualification and are to be placed in ranking earlier than their seniors for the purpose of accelerated promotion–Service of 5 years has to be counted from the date when candidate acquires the required qualification

September 2018

August 2018

Service Law–Punishment–Bank Employee had submitted certificate that she had passed CAIIB Part II Examination-in departmental enquiry and inquiry by Court it was found that said certificate was forged document-Order of dismissal from service cannot be held to be disproportionate.       

By | August 14th, 2018|Service Cases|

Comments Off on Service Law–Punishment–Bank Employee had submitted certificate that she had passed CAIIB Part II Examination-in departmental enquiry and inquiry by Court it was found that said certificate was forged document-Order of dismissal from service cannot be held to be disproportionate.       

Service Law–Termination–Notice of a mere 24 hours was given to the Respondent before the order of termination was passed–it was in clear violation of principles of natural justice as reasonable opportunity was not given to respondent to furnish her explanation-Termination order set aside.

By | August 14th, 2018|Service Cases|

Comments Off on Service Law–Termination–Notice of a mere 24 hours was given to the Respondent before the order of termination was passed–it was in clear violation of principles of natural justice as reasonable opportunity was not given to respondent to furnish her explanation-Termination order set aside.

Service Law-Gratuity—Withholding of—Recovery of Loss—Bank was justified in withholding the amount of gratuity and employer’s contribution towards provident fund to recover the financial loss caused by the employee

By | August 2nd, 2018|Service Cases|

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July 2018

Service Law—Superannuation—Parity-Assistant Public Prosecutors are not entitled to be treated at par with Public Prosecutors and other officers whose age of superannuation is specified at 60 years— The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar, per se, cannot be the basis to claim parity with Public Prosecutors in respect of age of superannuation.

By | July 29th, 2018|Service Cases|

Comments Off on Service Law—Superannuation—Parity-Assistant Public Prosecutors are not entitled to be treated at par with Public Prosecutors and other officers whose age of superannuation is specified at 60 years— The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar, per se, cannot be the basis to claim parity with Public Prosecutors in respect of age of superannuation.

Punjab Police Rules, 1934, Rule 9.18 & Rule 16.2-Dismissal-CompuIsory Retirement–Conversion of Punishment-Punishment of dismissal converted into compulsory retirement keeping in view 16 years of service of petitioner-Impugned order set aside

By | July 2nd, 2018|Service Cases|

Comments Off on Punjab Police Rules, 1934, Rule 9.18 & Rule 16.2-Dismissal-CompuIsory Retirement–Conversion of Punishment-Punishment of dismissal converted into compulsory retirement keeping in view 16 years of service of petitioner-Impugned order set aside

Service Law—Appointment—New post of Chief Principal Secretary to the Chief Minister —Standing order that powers vested in Principal Secretary to Chief Minister would be exercised by ‘CPSCM’ during absence of Chief Minister-­Sovereign functions of the state cannot be delegated to a person who does not have the mandate of the people—Appointment held to be invalid and is set aside. Service Law—Appointment—Judicial Review—Requirements of Article 14 are attracted in sphere of contractual appointments as well. Service Law—Appointment—Judicial Review—While examining the validity of appointment of a person to a high official position in the State hierarchy, High Court is competent to consider whether a writ ‘in the nature’of quo-warranto needs to be issued.

By | July 1st, 2018|Service Cases|

Comments Off on Service Law—Appointment—New post of Chief Principal Secretary to the Chief Minister —Standing order that powers vested in Principal Secretary to Chief Minister would be exercised by ‘CPSCM’ during absence of Chief Minister-­Sovereign functions of the state cannot be delegated to a person who does not have the mandate of the people—Appointment held to be invalid and is set aside. Service Law—Appointment—Judicial Review—Requirements of Article 14 are attracted in sphere of contractual appointments as well. Service Law—Appointment—Judicial Review—While examining the validity of appointment of a person to a high official position in the State hierarchy, High Court is competent to consider whether a writ ‘in the nature’of quo-warranto needs to be issued.

June 2018

Service Law–Selection–NDA Course-Armed Forces-Candidate cleared the exam but was found unfit by medical board-Review from an independent body found him fit-Candidate permitted to join the course from next session as an exceptional case.                        

By | June 12th, 2018|Service Cases|

Comments Off on Service Law–Selection–NDA Course-Armed Forces-Candidate cleared the exam but was found unfit by medical board-Review from an independent body found him fit-Candidate permitted to join the course from next session as an exceptional case.                        

Service Law—Recovery of Loss—Withholding of retiral benefits—Recovery made without show cause notice—Once the appellant has accepted certain recoveries to be justified, there would be no occasion for him to insist on show cause notice

By | June 8th, 2018|Service Cases|

Comments Off on Service Law—Recovery of Loss—Withholding of retiral benefits—Recovery made without show cause notice—Once the appellant has accepted certain recoveries to be justified, there would be no occasion for him to insist on show cause notice

May 2018

April 2018

February 2018

January 2018

September 2017

Voluntary Retirement Scheme–Pension -Employees who apply for voluntary retirement after serving a minimum period of 15 years under a special/adhoc scheme formulated with the specific approval of the Government and the Board of Directors, will be eligible for pro-rata pension for the period of service rendered as if they are to retire on attaining the age of superannuation on that date.

By | September 21st, 2017|Service Cases|

Comments Off on Voluntary Retirement Scheme–Pension -Employees who apply for voluntary retirement after serving a minimum period of 15 years under a special/adhoc scheme formulated with the specific approval of the Government and the Board of Directors, will be eligible for pro-rata pension for the period of service rendered as if they are to retire on attaining the age of superannuation on that date.

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

By | September 15th, 2017|Service Cases|

Comments Off on Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

Dearness Allowance–Directly recruited co-ordinators held entitled to the same benefits as given to co-ordinators appointed on deputation.

By | September 10th, 2017|Service Cases|

Comments Off on Dearness Allowance–Directly recruited co-ordinators held entitled to the same benefits as given to co-ordinators appointed on deputation.

August 2017