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Service law

CHAUDHARY CHARAN SINGH HARYANA AGRICULTURAL UNIVERSITY, HISAR & ANR. versus MONIKA & ORS.

Because the Advertisement awarded experience marks for work in enumerated Haryana government bodies but did not qualify that experience must have been on a 'sanctioned' post, and because the first respondent actually performed Clerk-cum-Typist duties for more than six months with a certificate countersigned by the Head of Department, she was entitled to 0.5 mark for experience; the mode of engagement (outsourced/service provider) did not bar awarding the mark, and denying it would offend Articles 14 and 16 and principles of social justice.

Source excerpt

  • Appointment
  • Experience marks
  • Outsourced/contractual employment
  • Equality and non-arbitrariness
  • Natural justice
  • Social justice
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Constitutional law

ANKITA THAKUR & ORS. versus THE H.P. STAFF SELECTION COMMISSION & ORS.

Relaxation/clarificatory order issued after the last date for receipt of applications (21.08.2017 as approved 18.09.2017) could not be applied to recruitment under Advertisements (Post Codes 447 and 556) because the advertisements did not reserve power to relax eligibility later and there was no wide publicity or opportunity to similarly placed candidates; equivalence/recognition could not be granted dehors the statutory regime; accordingly High Court directions (paras 33 and 34) to re-cast merit list and segregate seats are set aside, though appointments under the first advertisement (Post C…

Source excerpt

  • Recruitment
  • Selection
  • Eligibility criteria
  • Relaxation of rules
  • Equivalence of qualifications
  • Recognition of institutions
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Service law

STATE OF GUJARAT & ORS. ETC. versus DR. P. A. BHATT & ORS. ETC.

Classification based on educational qualification is not violative of Articles 14 and 16; holders of MBBS/allopathic qualifications perform materially different duties (emergency, trauma care, assistance in surgeries, post-mortem involvement, high-volume OPD work and administration of IV/ART injections) that AYUSH/Ayurved doctors do not perform, therefore they are not performing equal work and are not entitled to equal pay; consequently the High Court order granting parity was set aside.

Source excerpt

  • Equal pay
  • Pay scales
  • Classification based on qualifications
  • Articles 14 and 16
  • Medical cadre distinctions
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Constitutional law

UNION OF INDIA AND OTHERS versus MUNSHI RAM

Commission Vendors/bearers employed in Northern Railway who were absorbed in regular service are entitled, on parity with Commission Vendors/bearers in Western, Eastern, Southern and South-Eastern Railways (where tribunals/high courts had allowed counting 50% of pre-regularization service), to have 50% of their pre-absorption service counted as qualifying service for pensionary benefits; denying the same would constitute unjustifiable discrimination under Articles 14 and 16. Appeals by Union of India were dismissed.

Source excerpt

  • Regularisation
  • Parity
  • Pensionary benefits
  • Absorption
  • Counting of past service
  • Articles 14 and 16
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Service law

THE STATE OF MAHARASHTRA AND ANR. versus MS. MADHURI MARUTI VIDHATE (SINCE AFTER MARRIAGE SMT. MADHURI SANTOSH KOLI)

Applying established principles, the Court held that the respondent, a married daughter, could not be regarded as dependent on the deceased employee (her mother) for compassionate appointment and that the claim made many years after the death is contrary to the object of compassionate appointment; therefore the Tribunal and High Court orders directing appointment were unsustainable and were set aside.

Source excerpt

  • Compassionate appointment
  • Dependents of deceased employee
  • Articles 14 and 16
  • Humanitarian concession
  • Limitation for compassionate appointment
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Service law

STATE OF UTTAR PRADESH AND OTHERS versus MOHD REHAN KHAN

The termination was valid under Rule 5(1) of the 2014 Rules and the appointment order because the respondent, although he obtained the computer proficiency certificate, failed within the stipulated and extended period to achieve the required typing speed of 25 words per minute; compassionate appointment grants only an entry-level concession and does not entitle the appointee to exceptions from prescribed service conditions or to a direction for appointment to an alternate post by the High Court.

Source excerpt

  • Compassionate appointment
  • Termination for non-fulfillment of conditions
  • Eligibility criteria under recruitment rules
  • Interpretation of rule 5(1) uttar pradesh dying in harness rules
  • Appointment to alternate post
  • Articles 14 and 16
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Service law

M. KENDRA DEVI versus THE GOVERNMENT OF TAMIL NADU AND OTHERS

Although compassionate appointments to Class II posts made after Nagpal (1994) were prima facie not sustainable, the compassionate appointees in this case had their services regularized (some w.e.f. 16.7.1993, others from date of initial appointment), had been in service for many years, and the seniority in the list published on 1 January 2004 was consequential from their dates of regularization/appointment in accordance with Rule 35(aa); on these facts and due to the belated challenge, the Court refused to disturb the seniority list and dismissed the appeals.

Source excerpt

  • Compassionate appointment
  • Seniority
  • Public employment
  • Rule 35(aa) tamil nadu state and subordinate services rules, 1955
  • Article 141 of the constitution
  • Articles 14 and 16
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Service law

MRLGANK JOHRL & ORS. versus UNION OF INDIA & ORS.

Absorption under expressly stipulated terms, where previous service for seniority is excluded, is valid and binding; OM and general jurisprudence do not override such terms. Seniority of appellants must be computed according to absorption date, and their challenge is both substantively unfounded and time-barred.

Source excerpt

  • Seniority
  • Permanent absorption
  • Deputation
  • Service jurisprudence
  • Articles 14 and 16
  • Administrative tribunals act
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Service law

PANCHRAJ TIWARI versus M.P. STATE ELECTRICITY BOARD AND OTHERS

Absorbed employees of Rural Electricity Cooperative Societies, considering their date of appointment/promotion in each category, shall be positioned as juniors to the junior-most employee of MPSEB in the respective category from the date of absorption (15.03.2002), and thereafter be considered for further promotion as per MPSEB rules/regulations. Complete denial of promotion violates Articles 14 and 16.

Source excerpt

  • Merger of services
  • Seniority fixation
  • Promotion denial
  • Absorption conditions
  • Articles 14 and 16
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Constitutional law

RENU & ORS. versus DISTRICT & SESSIONS JUDGE, TIS HAZARI & ANR.

Appointments to posts in High Courts and subordinate courts constitute public employment and must comply with Articles 14 and 16; ad-hoc appointments or appointments made without open advertisement and inviting applications violate these constitutional mandates and are void ab initio; the Chief Justice's power under Article 229 is subject to Article 16 and statutory rules; High Courts should re-examine and, if necessary, amend rules and consider centralised recruitment and transferability to ensure transparency and prevent ad-hocism.

Source excerpt

  • Quo warranto
  • Public employment
  • Transparency in recruitment
  • Ad-hoc appointments
  • Centralised recruitment
  • Independence of judiciary
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

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