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Service Law

Case BriefsSupreme Court

Is there a cut-off date under Para 11(3) of the Employees’ Pension Scheme? Larger bench to decide. Read why RC Gupta verdict needs to be re-visited

Supreme Court: The bench of UU Lalit and Ajay Rastogi, JJ has referred the question as to whether there would be a

Published on August 26, 2021August 27, 2021By Prachi Bhardwaj
2 Comments9598 views
Case BriefsSupreme Court

Govt must reserve posts for promotions for persons with disabilities even under 1995 PwD Act; explore other methods to avoid stagnation: Supreme Court

“… sometimes it is easier to bring a legislation into force but far more difficult to change the social mind set which would endeavour to find ways and means to defeat the intent of the Act enacted… .”

Published on July 3, 2021July 9, 2021By Prachi Bhardwaj
1 Comment5836 views
Case BriefsSupreme Court

Explained| Can compassionate appointment be given years after the death of the employee? What happens in case of employee’s civil death?

The Court was hearing a case where a woman had sought compassionate appointment for her son 10 years after her husband had gone missing.

Published on June 20, 2021June 25, 2021By Prachi Bhardwaj
Leave a comment5279 views
Case BriefsHigh Courts

Tri HC| Claim of regularization can be made only within the four corners of a scheme framed by the government

Tripura High Court: Akil Kureshi, CJ., dismissed a writ petition which was filed by the petitioner praying for regularizing her in service

Published on May 16, 2021May 21, 2021By Editor_4
Leave a comment3293 views
Case BriefsHigh Courts

Utt HC| Degree of M.A. in Public Administration equivalent to a degree of M.A. in Political Science as per UGC; UKPSC directed to consider candidature for appointment as Assistant Professor

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ., and Alok Kumar Verma, J., decided over a petition which was

Published on May 15, 2021May 21, 2021By Editor_4
Leave a comment4318 views
Case BriefsHigh Courts

Utt HC| Principle of interpretation states that each part of the statute, rules or regulations should be given meaning so as to make them workable; Court quashes advertisement for recruitment for post of Assistant Clerk

Uttaranchal High Court: Ravindra Maithani, J., allowed a writ petition which was filed by the petitioner who was aggrieved by the advertisement

Published on May 12, 2021May 21, 2021By Editor_4
Leave a comment2570 views
Case BriefsSupreme Court

Whether punishment justified where the authority imposing punishment and approving it, is the same person? Supreme Court clarifies

Supreme Court: The 3-Judge Bench comprising of Uday Umesh Lalit, Hemant Gupta* and S. Ravindra Bhat, JJ., addressed the instant appeal filed

Published on April 8, 2021April 8, 2021By Editor_4
Leave a comment3396 views
Case BriefsSupreme Court

“Recruitment to public services must command public confidence”; Supreme Court upholds cancellation of DSSSB Head Clerk selection process in light of “systematic irregularities”

“When the credibility of an entire examination stands vitiated by systemic irregularities, the issue then is not about seeking to identify the candidates who are tainted.”

Published on March 5, 2021March 12, 2021By Prachi Bhardwaj
1 Comment6314 views
Case BriefsHigh Courts

Jhar HC | [Service Law] In a case past two decade, Court observes procedural irregularity at the behest of Disciplinary authority; issues direction for consequential benefits

Jharkhand High Court: Deepak Roshan, J., while allowing the present writ application, said, “This court is having no hesitation to hold that

Published on December 26, 2020December 31, 2020By Editor_4
Leave a comment2841 views
Case BriefsHigh Courts

Gau HC | [Service Law] Suspension order cannot continue beyond three months without filing of charge sheet against the alleged officer or employee; HC reiterates

Gauhati High Court: Manojit Bhuyan, J., while allowing the present petition, directed to reinstate the petitioner on and from the date when

Published on December 23, 2020December 25, 2020By Editor_4
Leave a comment4766 views
Case BriefsHigh Courts

HP HC | [Service Law] If a candidate has been wrongly excluded from the process of appointment on account of arbitrary State Action, then he is entitled to notional seniority from the date, the similarly situated persons have been appointed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while allowing the present petition in

Published on December 16, 2020December 25, 2020By Editor_4
Leave a comment4617 views
Case BriefsSupreme Court

Person holds graduation/B.Ed. degrees but gets temporarily appointed initially. Another obtains degrees after appointment. Who can claim seniority? SC answers

Supreme Court: In the case relating to seniority of teachers appointed with Shri Samarth Shikshan Sansthan, the 3-judge bench of L. Nageswara

Published on December 14, 2020December 17, 2020By Prachi Bhardwaj
1 Comment4076 views
Case BriefsSupreme Court

Supreme Court | Can candidates left out of merit list claim equity with those selected on basis of erroneous concession given by State? Read SC discussion on Negative Equality 

Supreme Court: A 3-Judge Bench of L. Nageswara Rao, Hemant Gupta and Ajay Rastogi, JJ. held that the candidates left out of

Published on December 9, 2020December 11, 2020By Bhumika Indulia
1 Comment7530 views
Case BriefsSupreme Court

Is a company providing expert services an employer under EPF Act if the wages are paid from contractual money received from clients? SC answers

Supreme Court: In a case where a company provided trained and efficient security guards to clients, claimed that security guards were the employees of the client, the

Published on December 3, 2020December 4, 2020By Prachi Bhardwaj
1 Comment4598 views
Case BriefsHigh Courts

HP HC | [Service Law] State cannot make arbitrary orders of transfer under the garb of public interest; Petition allowed

Himachal Pradesh High Court: Chander Bhusan Barowalia, J., while allowing the present petition, held the impugned transfer order to be arbitrary and

Published on November 7, 2020November 12, 2020By Editor_4
Leave a comment3178 views
Case BriefsHigh Courts

Kar HC | Immediate termination, without any disciplinary enquiry by the department concerned runs contrary to the statutory principles of Service Law; Writ Petition allowed

Karnataka High Court: P.B. Bajanthri, while allowing the present writ petition against the termination of services without any disciplinary enquiry, reiterated the

Published on October 17, 2020October 23, 2020By Editor_4
Leave a comment3662 views
Case BriefsSupreme Court

Courts can’t do interpretive re­writing of the advertisement thereby changing the conditions of eligibility

Supreme Court: Stating that the essential qualifications for appointment to a post are for the employer to decide, the bench of Arun

Published on May 4, 2019May 17, 2019By Prachi Bhardwaj
1 Comment6960 views
Case BriefsSupreme Court

SC| Legitimate expectation is not a wish or desire that can be demanded as a right

Supreme Court: “The legitimate expectation is not a wish or a desire or a hope, therefore, it cannot be claimed or demanded

Published on January 30, 2019February 4, 2019By Prachi Bhardwaj
Leave a comment3454 views
Case BriefsSupreme Court

Fill up the vacancies for Sub-Inspectors & Platoon Commanders at the earliest: SC to UP Govt.

Supreme Court: In the issue relating to filling up of 4010 vacancies in the State of Uttar Pradesh, consisting of 3698 vacancies

Published on April 25, 2018April 27, 2018By Prachi Bhardwaj
Leave a comment3587 views
Case BriefsSupreme Court

Centre’s decision of not making IPS appointments pursuant to Limited Competitive Examination held in 2012, valid

Supreme Court: Holding that the decision taken by the Union of India not to make appointments to the Indian Police Service (IPS)

Published on April 19, 2018April 27, 2018By Prachi Bhardwaj
Leave a comment3339 views

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