Retired Judges Appointed In Central Industrial Tribunals Can't Claim Pay Parity With Other Tribunal Members : Supreme Court

The Supreme Court on Wednesday (August 12) dismissed a writ petition filed by ex-judicial officers, who were re-employed as Presiding Officers of Central Government Industrial Tribunals-cum-Labour Courts, seeking pay scales equivalent to those granted to other National Tribunals under the 6th Pay Commission recommendations. A bench of Justice SVN Bhatti and Justice NV Anjaria justified the differential pay scales to the petitioners equivalent to that of officers in the District Judiciary as per...

Enquiry Necessary To Dismiss Employee For Suppression Of Criminal Antecedents : Supreme Court

The Supreme Court on Tuesday (August 11) observed that the disclosure of criminal antecedents by an employee after joining service would not automatically result in dismissal. The Court held that before passing a termination order, the employer must conduct an enquiry to determine whether the suppression of criminal antecedents was deliberate and must record a finding that the continuation of...

Grant Reservation To Military Cadets Disabled 40% Or More During Training Under Ex-Military Personnel Quota : Supreme Court To States/UTs

To strengthen the welfare and rehabilitation of cadets discharged from military training due to disabilities, the Supreme Court has directed States and Union Territories to consider granting reservation to such “out-boarded” cadets with 40% or more disability under the Ex-Military Personnel (Ex-MP) quota, while affirming their entitlement to reservation benefits under Section 34 of the...

'Washed-Off Theory' Doesn't Apply While Deciding If Employee Is Fit To Be Retained : Supreme Court

The entire service records of the employee can be considered, preceding promotion.

Employee Who Accepts Benefits Of Resignation Cannot Later Revoke It Claiming Its Acceptance Was Invalid : Supreme Court

“He cannot have his cake and eat it too," the Court observed, saying that the employee's conduct precluded him from challenging the acceptance of his resignation.

Administrative Action Cannot Be Struck Down Merely Because It Was Not Issued As A Formal Order : Supreme Court

The Supreme Court on Thursday (July 30) held that when an authority possesses a power under a relevant statute to take an action, the mere fact that the action is styled as a "circular" or "communication" rather than a formal "order" does not invalidate it. “Once the power exists and it is clear that this particular power has been exercised, the style under which it was exercised would...

Supreme Court Grants Uttarakhand Deputy Collectors Seniority Benefit From Initial Ad Hoc Promotion

The Supreme Court has held that Deputy Collectors in Uttarakhand who were promoted on an ad hoc basis in 2007 are entitled to count their continuous officiating service towards seniority, ruling that the State Government cannot deny them the benefit because of its own failure to consult the Public Service Commission as required under the rules.A Bench of Justices Pamidighantam Sri Narasimha...

National Scheduled Castes Commission Has No Adjudicatory Role; Only Advisory : Supreme Court Quashes Order In Service Dispute

The NCSC has only been given a limited role, which is recommendatory and not adjudicatory, the Court stated.

Art. 311(2) | Confirmed Public Servant Can't Be Terminated Over Alleged Illegal Appointment Without Inquiry: Supreme Court

The Supreme Court has ruled that a public servant whose service is confirmed cannot be terminated from the office merely because there was an alleged illegality in appointment. The Court said that a termination without holding a departmental inquiry would be violative of Article 311(2) of the Constitution. “Confirmation in service is not a mere administrative formality but it confers upon...

Promotion Does Not Cease To Be Promotion Just Because Employee's Grade Pay Doesn't Change : Supreme Court

The Supreme Court on Thursday held that promotions earned by Railway Guards within the Guard cadre must be counted while determining entitlement under the Modified Assured Career Progression Scheme (MACPS), ruling that employees who have reached the post of Mail/Express Guard are not entitled to further financial upgradations to higher Grade Pays under the scheme.A Bench of Justice Sanjay...

Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains

The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...

Suitability For Promotion Must Be Left To Domain Experts, Courts Cannot Introduce New Methodology: Supreme Court

The Supreme Court has reiterated that when the Statute provides a specific methodology for determining whether a candidate is suitable for promotion or not, then it is impermissible for the Courts to substitute their views to introduce a different methodology or read words that are not there in the provision. A bench of Justice Manoj Misra and Justice Manmohan set aside the concurrent...