Service Disputes Lawyer

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 - 04:00

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

Read more

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 - 00:30

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

Read more

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 - 08:30

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

Read more

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 - 08:30

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

Read more

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 19, 2020 - 22:30

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

Read more

The HC cannot go into validity of the rules & record a finding of invalidity - when the rules are not even assailed; SC

By team of Advocate Retainer April 18, 2020 - 08:00

The HC cannot go into validity of the rules & record a finding of invalidity - when the rules are not even assailed; SC

Supreme Court of India Justice R. Subhash Reddy & Justice R. Banumathi The SC on April 17, 2020 {Dr. Thingujam Achouba Singh & Ors. v. Dr....

Posted in Challenge to rules, Relaxation of age by High Court, Rules not notified to public

Read more

Employer has no obligation to accept request for voluntary retirement when disciplinary proceedings are pending; SC.

By team of Advocate Retainer April 16, 2020 - 08:30

Employer has no obligation to accept request for voluntary retirement when disciplinary proceedings are pending; SC.

Supreme Court of India Justice A. S. Bopanna & Justice R. Banumathi The SC on April 15, 2020 {Rajasthan State Road Transport Corporation Ltd. &...

Posted in Disciplinary proceedings, Voluntary retirement

Read more

Estoppel to challenge selection process is not applicable - when notified selection process is not followed and the selection criteria which is followed was never notified; SC.

By team of Advocate Retainer April 10, 2020 - 08:30

Estoppel to challenge selection process is not applicable - when notified selection process is not followed and the selection criteria which is followed was never notified; SC.

Supreme Court of India Justice Ashok Bhushan & Justice Navin Sinha The SC on April 08, 2020 {RAMJIT SINGH KARDAM & ORS. v. SANJEEV KUMAR &...

Posted in Estoppel, malice in fact, Public Employment, Selection

Read more

When pay scale is revised, the state can always fix a rational cut off date for applicability; SC.

By team of Advocate Retainer April 08, 2020 - 08:30

When pay scale is revised, the state can always fix a rational cut off date for applicability; SC.

Supreme Court of India Justice ASHOK BHUSHAN & Justice MOHAN M.SHANTANAGOUDAR The SC on March 19, 2020 {STATE OF UTTAR PRADESH & ORS. v. VI...

Posted in Cut off date, Pay Scale Revision applicability, Service Dispute

Read more

Discharge is termination of service - without the punitive consequences of loss of past services, affecting future employment and debarring retiral benefits; SC.

By team of Advocate Retainer April 06, 2020 - 09:00

Discharge is termination of service - without the punitive consequences of loss of past services, affecting future employment and debarring retiral benefits; SC.

Supreme Court of India Justice Navin Sinha & Justice Ashok Bhushan The SC on March 17, 2020 {BHARAT PETROLEUM CORPORATION LIMITED AND OTHERS v...

Posted in Competent Authority, Discharge, Service Dispute, Supreme Court

Read more

The High Court has no jurisdiction to pass directions for the territory which is outside its territorial jurisdiction - pan India direction by Madras HC to central government was without any authority under law; SC.

By team of Advocate Retainer April 04, 2020 - 09:00

The High Court has no jurisdiction to pass directions for the territory which is outside its territorial jurisdiction - pan India direction by Madras HC to central government was without any authority under law; SC.

Supreme Court of India Justice Deepak Gupta & Justice Aniruddha Bose The SC on April 3, 2020 {UNION OF INDIA & ORS. v. R. THIYAGARAJAN} hel...

Posted in Deputation, NDRF, Pan India direction, Service Matter, Supreme Court

Read more

A service of probationer can be terminated simplicitor, even if there are certain allegations of misconduct - if the allegations are not the basis for termination; SC.

By team of Advocate Retainer March 29, 2020 - 02:30

A service of probationer can be terminated simplicitor, even if there are certain allegations of misconduct - if the allegations are not the basis for termination; SC.

Supreme Court of India Chief Justice S A Bobde, Justice B R Gavai and Justice Surya Kant The SC {Rajasthan High Court v. Ved Priya & Anr.} hold...

Read more