Case Law - Service Law

Availability of only solitary post in a particular department, whether can be given on reservation basis… [R.R. Inamdar V. State of Karnataka & Ors]

Service matters- promotion on basis of reservation- Appellant’s case was that it could not have been appointed to solitary post of Lecturer in English Department on the basis of reservation and that fifth respondent who was senior to appellant, had been offered said post…

May 23, 2020

Initial appointment on post of Deputy Collector on ad hoc basis, Computation of period of seniority…[Vinod Giri Goswami & Ors. V. State of Uttarakhand & Ors.]

Service matters- Respondents were initially appointed as Naib Tehsildar and thereafter promoted and confirmed as Tehsildars – Respondent filed a writ petition contending that even though they were initially appointed on ad hoc basis…

May 10, 2020

Claim of retiral benefits on ground that resignation from services be treated as Voluntary retirement,whether justified… [Rajasthan State Road Transport Corporation Ltd. & Ors. V. Smt. Mohani Devi & Anr.]

Service matters- Respondents claimed retiral benefits of her late husband who was appointed on post of bus conductor by appellants- Benefits were claimed on basis that her husband should be deemed to have voluntary retired from service instead of having resigned…

May 10, 2020

Availability of retiral benefits to employees of Super Court Legal Services Committee, Computation of…[Brahma Singh and Ors. V. Union of India and Ors.]

Service Matters – Supreme Court Legal Services Committee Rules 2000- Petitioners were serving and retired employees of Supreme Court Legal Services Committees in various capacities- They Claimed that entire service rendered by them should be treated as qualifying services for purpose of fixing retiral benefits…

May 10, 2020

Order passed by a Single Judge of the HIgh Court relating to Armed Forces personnel, before which authority applicable… [Balkrishna Ram Vs. Union of India and Anr.]

Section 14, read with section 34 of the Armed Forces Tribunal Act, 2007- Jurisdiction, powers and authority in service matters – Supreme Court was called upon to decide question as to whether an appeal against order passed by a Single Judge of the High Court relating to Armed Forces Personnel is required to be transferred to the Armed Forces Tribunal or said appeal should be heard by the Larger Bench of High Court…

April 24, 2020

Decision of State to give retirement benefits of Fifth pay commission from a particular date, whether justified… [State of Uttar Pradesh & Ors. Vs. Vijay Shankar Dubey]

Service Matter- Respondent was appointed as Assistant Public Prosecutor on 11-02-1963 – He attained age of superannuation on 31/01/1997- At time of retirement, he was in pay scale of Rs3700- 5000 as per fourth pay commission report – After his retirement, Govt accepted Vth pay commission report and passed an order on 02/02/2007 to amend pay scales of U.P.  w.e.f. 01/04/2001- Respondent made a representation contending that he should also be given the benefit of Govt. order dated 02-02-2007, and his pension be revised w.e.f 01/01/1996….

April 2, 2020

Re-employment sought by temporary workers as a matter of right, initial burden on….[The Superintending Engineer TWAD Board & Another Vs. M. Natesan, etc.]

Initial burden of proof is on temporary workers to prove that they worked continuously for 240 days in an year in order to seek re-employment as a matter of right

June 3, 2019

Regularization of services of casual workers, whether permissible for High Court [Union of India V. All India Trade Union Congress]

Where writ petition filed by casual workers for regularization of their services was allowed by High Court since it was not function of Court to frame scheme of regularization of services of workers, order passed by High Court was to be set aside.

April 11, 2019

Amount Awarded to workman under Sec. 17B of Industrial Dispute Act, 1947, during pendency of industrial dispute, whether recoverable.. [Dilip Mani Dubey V. M/s SIEL Ltd. & Anr. ]

Amount paid by employer to workman during pendency of industrial dispute as per provisions of section 17B of Industrial dispute Act, 1947, could not be recovered subsequently even when dispute was finally decided against said workman.

March 22, 2019

A teacher, whether covered as ’employee’ under sec. 2(e) of Provisions of Gratuity Act, 1972 [Birla Institute of Technology V. The State of Jharkhand & Ors. ]

In Terms of amended definition of word ’employee’ under section 2(e) of Payment of Gratuity Act 1972 by Amending Act no. 47 of 2009 with retrospective effect form 3-4-1997, A teacher is eligible to claim benefit of gratuity under Provision of Act.

March 15, 2019

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