Service Disputes Lawyer

Seniority of District Judges promoted through LCE should be on the basis of merit in the examination, Supreme Court

By team of Advocate Retainer August 14, 2021 - 18:00

Seniority of District Judges promoted through LCE should be on the basis of merit in the examination, Supreme Court

The SC on August 12, 2021 {Prem Narayan Singh and Ors. vs. Hon’ble High Court of Madhya Pradesh} held that inter se seniority of District Judges p...

Posted in Promotee and direct recruit, Seniority in District Judge

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Between the two principles of seniority and merit, the criterion of “seniority cum merit” lays greater emphasis on seniority: Supreme Court

By team of Advocate Retainer July 30, 2021 - 23:30

Between the two principles of seniority and merit, the criterion of “seniority cum merit” lays greater emphasis on seniority: Supreme Court

The SC on July 29, 2021 {TEK CHAND AND OTHERS vs. BHAKRA BEAS MANAGEMENT BOARD (B.B.M.S.) AND OTHERS} held that it cannot be countenanced that eve...

Posted in Junior Employee, Promotion, Seniority cum Merit

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Right to be regularized in accordance with the scheme continues till all the eligible daily wagers are absorbed, as per earlier judgment inter se parties : Supreme Court holds Umadevi’s case not applicable

By team of Advocate Retainer July 27, 2021 - 19:30

Right to be regularized in accordance with the scheme continues till all the eligible daily wagers are absorbed, as per earlier judgment inter se parties : Supreme Court holds Umadevi’s case not applicable

The SC on July 26, 2021 {Vice Chancellor Anand Agriculture University vs. Kanubhai Nanubhai Vaghela and Anr.} observed that it is no doubt true th...

Posted in 10 years service, Daily Wager, Regularisation, right to be regularized, State of Karnataka and Ors. vs. Umadevi and Ors.

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Age of superannuation is a matter of policy, Courts cannot interfere: Supreme Court overturns Allahabad HC judgment

By team of Advocate Retainer July 16, 2021 - 18:30

Age of superannuation is a matter of policy, Courts cannot interfere: Supreme Court overturns Allahabad HC judgment

The SC on July 15, 2021 {New Okhla Industrial Development Authority & Anr. vs. B D Singhal & Ors.} held that the infirmity in the judgment...

Posted in Age of Superannuation, Doctrine of legitimate expectation, Judicial Review, Policy Decision

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Person with Disability: Mode of entry in service cannot be a ground to deny promotion, Supreme Court

By team of Advocate Retainer July 03, 2021 - 16:00

Person with Disability: Mode of entry in service cannot be a ground to deny promotion, Supreme Court

The SC on June 28, 2021 {THE STATE OF KERALA & ORS. vs. LEESAMMA JOSEPH} held that reservation has to be computed with reference to total numb...

Posted in Persons with Disabilities Act, Reservation in Promotion, Sec 32, Sec 33

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Long standing or established status quo brought about by judgments interpreting local or state laws, should not be lightly departed: SC

By team of Advocate Retainer October 23, 2020 - 18:30

Long standing or established status quo brought about by judgments interpreting local or state laws, should not be lightly departed: SC

The SC on October 16, 2020 {NAVIN CHANDRA DHOUNDIYAL vs. STATE OF UTTARAKHAND AND ORS.} held that the view of the Uttarakhand High Court, as also ...

Posted in Settled law by judgments should not be lightly departed

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Judicial Review is an evaluation of the decision making process, and not the merits of the decision: SC

By team of Advocate Retainer September 16, 2020 - 22:57

Judicial Review is an evaluation of the decision making process, and not the merits of the decision: SC

The SC on September 10, 2020 {Pravin Kumar vs. Union of India and Ors. } held that as the threshold of interference in the present proc...

Posted in Art 226, Disciplinary Proceedings, Effect of Criminal Proceedings, Judicial Review

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Supreme Court: Not in the overall interest of the Govt. servants in forming multiple service associations based on job description

By team of Advocate Retainer August 11, 2020 - 19:00

Supreme Court: Not in the overall interest of the Govt. servants in forming multiple service associations based on job description

The SC on August 10, 2020 {GOVERNMENT OF INDIA & ORS. v. ISRO DRIVERS ASSOCIATION} held that any association formed on the basis of job descri...

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Supreme Court: Reorganisation of the Cadre on an element of selection criteria results in promotion, not entitled to benefit of ACP

By team of Advocate Retainer August 07, 2020 - 18:30

Supreme Court: Reorganisation of the Cadre on an element of selection criteria results in promotion, not entitled to benefit of ACP

The SC on August 06, 2020 {RAMA NAND AND ORS. vs CHIEF SECRETARY, GOVT. OF NCT OF DELHI & ANR.} held that the training and the benchmark of 5 ...

Posted in ACP, Promotion, Reorganisation of Cadre

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Orders passed under Art. 142 cannot be treated as Precedent, Supreme Court

By team of Advocate Retainer June 11, 2020 - 18:30

Orders passed under Art. 142 cannot be treated as Precedent, Supreme Court

The SC on June 11, 2020 {NIRBHAY KUMAR & ORS. vs STATE OF BIHAR & ORS.} held that there is more than one reason for not accepting the clai...

Posted in Art 142, Precedent

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Two Judges SC Bench refers the matter to CJI, divergence of views in appeal

By team of Advocate Retainer May 29, 2020 - 13:12

Two Judges SC Bench refers the matter to CJI, divergence of views in appeal

The SC on May 28, 2020 {Gopal Prasad vs Bihar School Examination Board & Others}, view of Justice Indira Banerjee, observed that the mere fact...

Posted in Appointment of minor in government services, Retirement age

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Punishment of dismissal can be imposed even after superannuation: SC

By team of Advocate Retainer May 27, 2020 - 23:59

Punishment of dismissal can be imposed even after superannuation: SC

The SC on May 27, 2020 {Chairman-cum-Managing Director, Mahanadi Coalfields Limited vs Sri Rabindranath Choubey} held that the appellant – emplo...

Posted in Dismissal after Superannuation

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