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Service law

UNION OF INDIA & ORS. versus SAJIB ROY

Whether a reserved candidate who availed concessions such as age relaxation can be appointed against unreserved vacancies depends on the recruitment rules and instruments governing the selection; if there is no embargo in those rules, migration is permissible when the candidate scores higher than the last selected unreserved candidate, but where an express embargo exists (as in Office Memorandum dated 01.07.1998) migration is barred. Applying that principle to the present facts, the High Court erred in allowing migration and its decision is set aside.

Source excerpt

  • Reservation
  • Age relaxation
  • Migration to unreserved category
  • Recruitment rules
  • Article 14
  • Article 16(4)
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Administrative law

SANJAY PRAKASH & ORS. versus UNION OF INDIA & ORS.

The Court held that the CAPFs (CRPF, BSF, CISF, ITBP, SSB) are Organized Group-A Services for all purposes; the Government (DoPT) has accepted this status by OM dated 12.07.2019; consequently, benefits available to OGAS (including NFFU already granted and NFSG where applicable) should flow to CAPFs and the Ministry of Home Affairs must undertake cadre review and review/amendment of service rules/recruitment rules and progressively reduce deputation posts up to SAG within specified timelines.

Source excerpt

  • Organized group-a service (ogas)
  • Non-functional financial upgradation (nffu)
  • Cadre review
  • Deputation
  • Recruitment rules
  • Promotion and stagnation
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Administrative law

SPORTS AUTHORITY OF INDIA & ANR. versus DR. KULBIR SINGH RANA

The recall applications were properly dismissed because SAI was bound by the concession made by its counsel before the High Court and did not file an affidavit denying the counsel's authority; additionally, the Central Administrative Tribunal correctly concluded the respondents' appointments were irregular but not illegal and directed SAI to consider them as 'Initial Constituents' under the recruitment rules, a direction which the Court upheld.

Source excerpt

  • Concession and compromise
  • Recall of orders
  • Recruitment rules
  • Initial constitution
  • Service regularisation
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Municipal law

SANJAY SADASHIV BENDRE & ANR. versus THE STATE OF MAHARASHTRA & ORS.

In the absence of any express legislative or regulatory pronouncement to the contrary, the specific retirement prescriptions contained in the Municipal Service Regulations, 1954 (which place Leading Fireman/Tandel in the "inferior service" with retirement at 60) are not displaced by the broader recruitment classification in the Pune Municipal Corporation (Recruitment & Classification of Services) Rules, 2014; accordingly, the reclassification to Class III does not validly reduce the retirement age to 58 and the High Court's conclusion to that effect was reversed.

Source excerpt

  • Retirement age
  • Classification of services
  • Statutory interpretation
  • Recruitment rules
  • Harmonious construction
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Service law

DR. SHARMAD versus STATE OF KERALA AND OTHERS

The Supreme Court held that G.O. dated 07.04.2008, being the executive recruitment order in force, does not require five years of physical teaching experience as Assistant Professor to be after acquiring the M.Ch/postgraduate degree for promotion to Associate Professor; Rule 10(ab) KS and SSR did not apply because the G.O. is a special rule specifying qualifications "unless otherwise specified", the omission of the words "after acquiring postgraduate degree" for teaching posts was deliberate, and on the vacancy date the appellant possessed the requisite experience, therefore the High Court er…

Source excerpt

  • Promotional appointment
  • Post-qualification experience
  • Recruitment rules
  • Interpretation of executive orders
  • Kerala state and subordinate services rules, 1958
  • Rule 10(ab)
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Service law

UNION OF INDIA versus UZAIR IMRAN & ORS.

Because the appellant allowed the third respondent to participate in the selection, place high on the merit list and send him for pre-induction training, and thereafter excluded him by a general instruction without application of mind to his certificate (which left room for two reasonable views and bore the remark 'Regular'), the exclusion was arbitrary and violative of Article 14; fairness required seeking clarification from the certifying Board, and equitable relief in the form of appointment on probation (or creation of a supernumerary post) was justified under Article 142.

Source excerpt

  • Appointment/selection
  • Equivalence of educational qualification
  • Article 16
  • Article 14
  • Recruitment rules
  • Judicial review
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Service law

R. D. KAUSHAL AND ORS. versus UNION OF INDIA AND ORS.

Because the CAT order dated 26 May 2008 was not challenged and has attained finality, and all appellants have superannuated, the Supreme Court directed that respondents calculate terminal benefits and pension for the appellants in accordance with the CAT orders dated 26 May 2008 and 7 July 2010, with terminal benefits to be cleared by 31 December 2022, pension payable effective 1 January 2023, no arrears of pension up to 31 December 2022, and interest at 6% per annum on terminal benefits from date of superannuation until payment.

Source excerpt

  • Pension
  • Terminal benefits
  • Amalgamation of cadres
  • Recruitment rules
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Constitutional law

SATYAJIT KUMAR & ORS. versus THE STATE OF JHARKHAND & ORS.

The Notifications/Order (No.5938/5939 dated 14.07.2016) providing 100% reservation for local residents of the thirteen Scheduled Districts exceeded the Governor’s powers under paragraph 5(1) (which cannot modify subordinate rules under Article 309), violated Articles 14, 13(2), 15 and 16(2) (and were contrary to Article 16(3)/Article 35), and are therefore unconstitutional and ultra vires; appointments made pursuant to those notifications cannot be regularized, but in the public interest the Court, exercising Article 142, directed revision of merit lists based on already published cut-offs to…

Source excerpt

  • Fifth schedule
  • Governor powers
  • Reservation
  • Article 16
  • Article 13
  • Recruitment rules
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Service law

STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY & ORS. versus SEEMA SHARMA

The 1990 Rules did not apply to the respondent who was appointed under the 1987 Rules as a Museum Assistant-cum-Librarian with different eligibility and pay scales; therefore the respondent was not entitled to the UGC scale under the 1990 Rules and the High Court order directing grant of the UGC scale was set aside; courts will interfere with pay fixation only in exceptional cases of discrimination between similarly placed employees.

Source excerpt

  • Pay scale fixation
  • Recruitment rules
  • Equal pay for equal work
  • Reasonable classification
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Administrative law

GOA PUBLIC SERVICE COMMISSION versus PANKAJ RANE & ORS.

The Supreme Court held that the Commission acted beyond its powers in fixing a separate minimum qualifying mark for the oral interview where the Goa Civil Service Rules, 2016 (notably Rules 10 and 12) and the advertisement did not provide for any separate interview minimum; the select list must be prepared on the basis of aggregate marks of the written examination and oral interview in accordance with Rule 12 and the High Court directions were upheld.

Source excerpt

  • Public service commission powers
  • Recruitment rules
  • Competitive examination and interview
  • Cut-off marks
  • Goa civil service rules, 2016
  • Article 320
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.