Service Disputes Lawyer

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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Scope of Judicial Review by Courts for recruitment to public services is narrow, re-evaluation of answer sheets in only exceptional circumstances: SC

By team of Advocate Retainer May 07, 2020 - 13:30

Scope of Judicial Review by Courts for recruitment to public services is narrow, re-evaluation of answer sheets in only exceptional circumstances: SC

The SC on May 6, 2020 {BIHAR STAFF SELECTION COMMISSION & ORS. v. ARUN KUMAR & ORS.} held that the scope of judicial review under Article ...

Posted in Judicial Review, reevaluation of answer sheets, Selection to Public Services

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Seniority of incumbent Judicial Officer selected to Higher judiciary is governed by merit-list in examination: SC

By team of Advocate Retainer May 01, 2020 - 10:00

Seniority of incumbent Judicial Officer selected to Higher judiciary is governed by merit-list in examination: SC

The SC on April 29, 2020 {Dinesh Kumar Gupta and others v. High Court of Judicature of Rajasthan others} held that the law on the point is now wel...

Posted in Judicial Officer, Merit list, Promotion, Rajasthan Judiciary, Seniority

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SC dismisses petition of Delhi Judicial Officer assailing non-promotion as 'District Judge': holds fundamental factor for promotions is comparative merit, not an individual’s minimum merit

By team of Advocate Retainer April 26, 2020 - 18:00

SC dismisses petition of Delhi Judicial Officer assailing non-promotion as 'District Judge': holds fundamental factor for promotions is comparative merit, not an individual’s minimum merit

The SC on April 24, 2020 {SUJATA KOHLI v REGISTRAR GENERAL, HIGH COURT OF DELHI & ORS } held that not being found eligible for promotion with ...

Posted in ACR, Judicial Officer, Promotion

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SC awards former RAW Director one lakh Compensation for improper handling of her sexual harassment complaint: holds it violation of fundamental rights

By team of Advocate Retainer April 24, 2020 - 18:00

SC awards former RAW Director one lakh Compensation for improper handling of her sexual harassment complaint: holds it violation of fundamental rights

The SC on April 24, 2020 {Nisha Priya Bhatia v Union of India & Anr.} held that the respondent(s) (Union of India) is directed t...

Posted in Art 309, Art 311, Compulsory Retirement, Pension, Rule 135 RAW, Sexual Harassment

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State cannot obliterate “Catch Up Principle” by passing resolution, in absence of law made under under Art. 16(4A): SC

By team of Advocate Retainer April 20, 2020 - 08:00

State cannot obliterate “Catch Up Principle” by passing resolution, in absence of law made under under Art. 16(4A): SC

The SC on April 17, 2020 {Pravakar Mallick & Anr. v. The State of Orissa & Ors.} held that Article 16(4A) has been couched in language whi...

Posted in Art. 16(4A), Catch up Principle

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