SERVICE LAW-Appointments to public posts should be strictly in accordance with Articles 14 and 16 of the Constitution. Eligibility criteria should be uniform and there cannot be scope of arbitrary selections
Service Law
Court in R. K. Sethi v. Oil and Natural Gas Commission, (1997) 10 SCC 616 held that in service jurisprudence, the “next below rule” contemplates to ensure that if junior employee is given promotion without considering his senior then...
A Constitution Bench of this Court in Kishori Mohanlal Bakshi v. Union of India, AIR 1962 SC 1139 while dealing with alleged violation of Article 14 of the Constitution of India on account of the grant of two pay-scales...
The meaning to be assigned to these terms while interpreting provisions of a Service Rule will depend on the provisions of that Rule and the context in and the purpose for which the expressions are used. The meaning of...
The principles of seniority-cum-merit and merit-cum-seniority are conceptually different. For the former, greater emphasis is laid in seniority, though it is not the determinative factor, while in the latter merit is the determinative factor. In The State of Mysore...
Constitution of India, 1950—Article 311(2)—Central Civil Services (Classification, Control and Appeal) Rules, 1965—Rule 19(1)—Natural justice—Petitioner dismissed from service because of conviction by Criminal Court—In appeal dismissal was modified to one of compulsory retirement—No notice was issued before passing order...
In the law relating to master and servant the expression “dismissal” has acquired a limited meaning – determination of employment as a method of punishment for misconduct or other cause.
In many of these decisions the expressions "vested rights" or "accrued rights" have been used while striking down the impugned provisions which had been given retrospective operation so as to have an adverse effect in the matter of promotion,...
Chandana Das (Malakar) Vs. State of West Bengal & Ors-25/09/2019-
In the State of West Bengal, Sikhs are a linguistic minority vis-à-vis their language, namely, Punjabi, as against the majority language of the State, which is Bengali.
The rule enacted to constitute a Service to be known as the ‘Indian Enterprise Development Service’ consisting of members Published vide Notification No. G.S.R. 536(E), dated 31.7.2019 G.S.R. 536(E). – In exercise of the powers conferred by the proviso...
whether the employer, Statutory Corporation or instrumentality or other authority under Art. 12 of the Constitution has unbridled power to terminate the services of a permanent employee by issue of notice or pay in lieu thereof without inquiry or...
WEST BENGAL SERVICES (DUTIES, RIGHTS AND OBLIGATIONS OF THE GOVERNMENT EMPLOYEES) RULES, 1980
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(1) These rules may be called the West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980. (2) They shall apply to all employees ot die Government of West Bengal: Provided that nothing in these rules shall apply...
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