Service Law - CaseCiter (Page 3)

P. Sakthi vs Government Of Tamil Nadu 2025 INSC 620 - Service - Promotion

Service Law - Promotion - The employee has no right to be promoted but has a right to be considered, when selections for promotions are carried out, unless disqualified. (Para 4) 2025 INSC 620 P. Sakthi vs Government Of Tamil Nadu - Service - Promotion2025 INSC 620 P. Sakthi vs

Service Law

Raju Naryana Swamy vs State of Kerala 2025 INSC 563 - Service Law - Promotion - ACRs

Service Law - Promotion - Impact of prior entries in ACRs on promotion- Adverse remarks of an officer for the entire period of service can be taken into consideration while promoting an officer or while passing an order of compulsory retirement. But the weight which must be attached to the

Service Law

Chief Executive Officer vs S. Lalitha 2025 INSC 565 - Administrative Tribunals Act - CAT- Limitations

Administrative Tribunals Act 1985 - Section 19,20 - If the relevant service rules do not provide for making of a representation against final orders, by reason of absence of such a provision, the remedy of the aggrieved applicant-public servant would lie directly before the CAT in challenging the order/

Service Law

State Of Sikkim vs Dr. Mool Raj Kotwal 2025 INSC 559 - Leave Encashment

Sikkim Government Services (Leave) Rules, 1982 - Rule 36 -Under Rule 36 of Leave Rules, a regular government servant, if retires under Sikkim Government Service Rules, 1974 would be entitled for leave encashment maximum for 300 days. If the government servant is re-employed after 58 years of age and continued

Service Law

Bijender Singh vs Union Of India 2025 INSC 549 - Army Pension Regulations

Pension Regulations for the Army, 1961 - If there is no note or report of the Medical Board at the time of entry into service that the member suffered from any particular disease, the presumption would be that the member got afflicted by the said disease because of military service.

Criminal

Central Bureau Of Investigation vs Ramesh Chander Diwan 2025 INSC 539 -S. 197 CrPC - Deputation

Code of Criminal Procedure 1973 - Section 197- Protection of sub-section (1) of Section 197, Cr. PC is available only to such public servants whose appointing authority is the Central Government or the State Government and not to every public servant. (Para 26) Service Law - Deputation - Where exigency

Service Law

Kashmiri Lal Sharma vs Himachal Pradesh State Electricity Board Ltd. 2025 INSC 472 - Service Law - RPwD Act

Service Law - Rights of Persons with Disabilities Act, 2016 - The benefit of extension of retirement age as provided under the OM dated 9.03.2013 could not have been confined to visually impaired category. Rather, it should be available to persons suffering from all such benchmark disabilities as

Service Law

Jogeswar Sahoo vs District Judge 2025 INSC 449 - Service Law - Recovery From Employee

Service Law - Recovery - if the excess amount was not paid on account of any misrepresentation or fraud on the part of the employee or if such excess payment was made by the employer by applying a wrong principle for calculating the pay/allowance or on the basis of

Service Law

Sanjay Sadashiv Bendre vs State Of Maharashtra 2025 INSC 400 - Service Law - Retirement

Service Law - While municipal bodies hold the power to reorganize or rationalize services, such steps must be undertaken by following the prescribed statutory procedure, after due notice, and with proper safeguards for employees’ rights- Abruptly altering the retirement age, merely by reference to a generic classification under recruitment rules,

Service Law

Secretary To Government Department Of Health & Family Welfare VS KC Devaki 2025 INSC 389 - Service Law - Transfer

Service Law - Karnataka Civil Services (General Recruitment) Rules, 1977 ; Karnataka Government Servants (Seniority) Rules, 1957 - Rule 6 -Transfers characterised as in public interest are founded, sourced, and rooted in administrative exigencies and nothing else. Effecting or transferring employees at their behest is equally important but exercise of that

Service Law

State Of Uttar Pradesh vs Dinesh Kumar Sharma 2025 INSC 370 - Pension - Service Related Claims

Service Law - Pension is not a charity, or a bounty, and an employee is entitled to receive his pension. As a matter of principle, belated service-related claims need to be rejected on the ground of delay and laches. However, where the claim relates to a continuing wrong, which does

Service Law

Sajithabai vs Kerala Water Authority 2025 INSC 354 - Service Law - Interpretation Of Statutes

Kerala Public Health Engineering Service Special Rules, 1960 - Rule 4(b) - Special Rules, 1960 deal with a separate service, its Rule 4(b) has no applicability to a stage prior to an officer becoming an Assistant Engineer i.e. to the draftsman/overseer who are holding both degree

Service Law

Mukesh Prasad Singh vs The Then Rajendra Agricultural University 2025 INSC 312 - University Statutes - Retiral Scheme

Rajendra Agricultural University Statutes, 1976 - The default retiral scheme applicable to the University’s employees is General Provident Fund-cum-pension-cum-gratuity, unless the employee has specifically opted for the Contributory Provident Fund scheme. (Para 9) 2025 INSC 312 Mukesh Prasad Singh vs The Then Rajendra Agricultural University - University Statutes -

Service Law

Sarita Choudhary vs High Court Of Madhya Pradesh 2025 INSC 289 - Service - Probation - Women In Judiciary - ACR

Judiciary - A greater representation of women in the judiciary, would greatly improve the overall quality of judicial decision making and this impacts generally and also specifically in cases affecting women. - It is not enough to find comfort solely in the growing number of female judicial officers if we

Service Law

Jaya Bhattacharya vs State Of West Bengal 2025 INSC 270 - Service Law - Pension

Service Law - Denial of pensionary benefits to an employee must emanate from any rule enabling the government for such denial. When the services have been regularized by treating the same as extraordinary leave the same cannot be treated as unauthorised leave for denying the pensionary benefits. (Para 11) 2025

Service Law

2025 INSC 259 State Of Odisha vs Sudhansu Sekhar Jena - Odisha Civil Services (Pension) Rules - Work-charged vs Job Contract Employee

Odisha Civil Services (Pension) Rules, 1992- There is a clear distinction between the employees who are in work charged establishment vis-à-vis those who are in job contract establishment- Work-charged employees who have worked in the establishment for a period of five years or more without interruption and are subsequently

Service Law

Sajid Khan vs L Rahmathullah 2025 INSC 251 - Equivalence - Recruitment Matters

Public Appointments - Equivalence -In circumstances where the appointing authority has not objected to the qualifications of the candidates and there is no apparent or glaring difference in the qualifications, courts have no reason to interfere and set-aside the appointments made after due consideration. It is the appointing authority which

Service Law

N.K. Taneja vs Maharaj Singh 2025 INSC 240 - Service Law

Note: No legal aspects discussed in this Order Summary: HC allowed respondent's writ petition and set aside termination observing that University had not followed the applicable statute and had not conducted an enquiry - Allowing appeal, SC observed: We are not even made aware as to whether respondent

Service Law

Western Coal Fields Ltd. vs Manohar Govinda Fulzele 2025 INSC 233 - Gratuity Act - Forfeiture - Criminal Proceedings

Is forfeiture of gratuity permissible, in the event of termination of service on misconduct, which can be categorised as an act constituting an offence involving moral turpitude; without there being any conviction in a criminal case or even a criminal proceeding having been initiated?

Service Law

CMJ Foundation vs State Of Meghalaya 2025 INSC 211 - University Chancellor Appointment

Chandra Mohan Jha University Act, 2009 - Section 14(1) - The appointment of the Chancellor, made by the University, shall require mandatory approval by the Visitor failing which, such appointment would be non est in the eyes of law (Para 36)- For the appointment of the Chancellor of

Service Law

Dr. Amaragouda L Patil vs Union Of India 2025 INSC 201 -National Commission for Homeopathy Act - Judicial Review Of Administrative Action - Chairperson Appointment Quashed

National Commission for Homeopathy Act, 2020 -Section 4 - The appointment of the Chairperson, who is the head of the Commission carries significant importance and affects various stakeholders in the field of homeopathy.The candidate must have minimum twenty years of experience in the field of homeopathy, out of which

Service Law

Union of India vs K. Velajagan - Uma Devi Judgment - Public Employment

Public Employment -The decision in State of Karnataka v. Uma Devi cannot be used as a shield to justify exploitative engagements persisting for years without the employer undertaking legitimate recruitment process to deny relief of regularization - Referred to Shripal v. Nagar Nigam, Ghaziabad - In the matter of public

Service Law

Airports Authority Of India vs Pradip Kumar Banerjee 2025 INSC 149 - Disciplinary Proceedings - Art. 226 Constitution - Intra Court Writ Appeal

Disciplinary proceedings -In disciplinary proceedings, it is not necessary for the Disciplinary Authority to deal with each and every ground raised by the delinquent officer in the representation against the proposed penalty and detailed reasons are not required to be recorded in the order imposing punishment if he accepts the

Service Law

Rakesh Kumar Charmakar vs State Of Madhya Pradesh 2025 INSC 136 - Service Law - Regular Pay Scale

Summary: HC denied the extending the benefit of regular pay-scale to Appellants - SC allowed appeal - No legal aspect discussed in the judgment. Rakesh Kumar Charmakar vs State Of Madhya Pradesh 2025 INSC 136 - Service Law - Regular Pay ScaleRakesh Kumar Charmakar vs State Of Madhya Pradesh 2025

Service Law

Dharmendra Kumar Singh vs Hon’ble High Court Of Jharkhand 2025 INSC 72 - Judicial Service

Jharkhand Superior Judicial Services (Recruitment, Appointment and Condition of Service) Rule, 2001 - High Court dismissed writ petition filed by judicial officers- Allowing appeal, SC observed: The suitability of each candidate has to be tested on his own merit and a comparative assessment cannot be made and the promotion cannot