July 2018

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

Service Law—Sporting a beard—Muslim Airman—Religion of personnel does not prohibit the cutting off the hair or shaving off the face of its members-Permission held to be rightly declined, Service Law-Sporting of beard-Armed Forces-Appellant, an Airman belonging to Muslim Religion sought permission to sport a broad on religious grounds-Permission declined-Order upheld-Held;

By | August 9th, 2017|Service Cases|

Comments Off on Service Law—Sporting a beard—Muslim Airman—Religion of personnel does not prohibit the cutting off the hair or shaving off the face of its members-Permission held to be rightly declined, Service Law-Sporting of beard-Armed Forces-Appellant, an Airman belonging to Muslim Religion sought permission to sport a broad on religious grounds-Permission declined-Order upheld-Held;

Service Law—Physically Handicapped—A person who is physically handicapped be it Physically Handicapped of a General Category or OBC Category, suffering from similar disability has to be treated alike in extending the relaxation and concessions.

By | August 9th, 2017|Service Cases|

Comments Off on Service Law—Physically Handicapped—A person who is physically handicapped be it Physically Handicapped of a General Category or OBC Category, suffering from similar disability has to be treated alike in extending the relaxation and concessions.

July 2017

Service Law—Medical Reimbursement—Case of emergency—The emergency point of view is not be taken from the angle of the doctor, but the same should be considered from the point of view of common man or a patient

By | July 28th, 2017|Service Cases|

Comments Off on Service Law—Medical Reimbursement—Case of emergency—The emergency point of view is not be taken from the angle of the doctor, but the same should be considered from the point of view of common man or a patient

Once an employee on his retirement gets pension on account of service of the Government, he is at the same footing as an employee retired from the service of the Government qua his service is rendered with the Government

By | July 27th, 2017|Service Cases|

Comments Off on Once an employee on his retirement gets pension on account of service of the Government, he is at the same footing as an employee retired from the service of the Government qua his service is rendered with the Government

June 2017

Contract Act, 1872, S.72–Indemnity Bond-Employment Bond-Employer cannot in an arbitrary manner, hold back the NOCs and not permit the employees to carry on further with their careers on the ground that they are to recover the amount.

By | June 24th, 2017|Service Cases|

Comments Off on Contract Act, 1872, S.72–Indemnity Bond-Employment Bond-Employer cannot in an arbitrary manner, hold back the NOCs and not permit the employees to carry on further with their careers on the ground that they are to recover the amount.

Temporary Servant– If a temporary Railway servant has put in 10 years of service at the time of his retirement or at the time when he dies in harness, he is entitled to pension or on his death, his family is entitled to family pension

By | June 24th, 2017|Service Cases|

Comments Off on Temporary Servant– If a temporary Railway servant has put in 10 years of service at the time of his retirement or at the time when he dies in harness, he is entitled to pension or on his death, his family is entitled to family pension

Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996, R.2(h)(i)–Petitioner was not working on regular basis in an eligible office at Panchkula as he was substantively posted as Registering Officer, Department of Archaeology & Museums, Haryana, Hisar,

By | June 24th, 2017|Service Cases|

Comments Off on Government Residences (Chandigarh Administration General Pool) Allotment Rules, 1996, R.2(h)(i)–Petitioner was not working on regular basis in an eligible office at Panchkula as he was substantively posted as Registering Officer, Department of Archaeology & Museums, Haryana, Hisar,