Contention that prior to the amendment rules, the promotion to the cadre of District Judges was based on the principle of "Seniority-cum-merit" and now as per amended rules pursuant to the directions of Supreme Court, the principle has now been changed to "merit-cum-seniority" and this has seriously affected the rights of the members of the Civil Judges (Senior Division)--Contention rejected

sclaw.in

Service Law—Appointment—Judicial Officer—Acquittal in criminal case involving moral turpitude cannot be a ground to deny appointment.

sclaw.in

Re-assessment--Police Training--Deficiency, if any, in not allotting proper marks by authorities cannot deprive them of the benefit which they have already obtained.

sclaw.in

Family Pension--Dependents of the deceased ad hoc appointees are not entitled to grant of 'family pension' in terms of the provisions of Punjab Civil Services Rules.

sclaw.in

The respondent-writ petitioner as an Officer of the Bank is bound by the salary structure approved by the Bank for its Officers. The decision of the Standing Committee is a part of the decision-making in respect of salary payable to the employees of the Banks. The employee of a Bank has no right that he should be associated with the decision-making process in respect of the fixation of salary. However, if the question of reasonableness of salary arises, then in exercise of power of judicial review, the Court may examine the decision-making process.

sclaw.in

Seniority--Principle of "continuous length of service" i.e. date of appointment should be applied for determining the inter se seniority of the officers of Delhi Higher Judicial Service.

sclaw.in

Appointment--An ad hoc appointee appointed for a period of three months as Stenographer, whose term is further extended, should not be allowed to continue in the public interest when he failed in the test.

sclaw.in

Pay parity--Senior cannot be paid lesser salary than his juniors--Writ--When writ petition is jointly filed, the prayer therein should not be confined to one petitioner alone only.

sclaw.in

Appointment of Judge--Once the Government on being satisfied that a suitable candidate who was earlier appointed as an Additional Judge is suitable for appointment as a permanent Judge, the elaborate consultation has not been considered necessary--Chief Justice of High Court not required to consult collegium of High Court.

sclaw.in

Service Law—Teaching Experience—Study Leave—Period of study leave cannot be counted towards teaching experience

sclaw.in

Service Law—Higher Qualification—Possession of higher qualification does not always mean that candidate has requisite prescribed lower qualification for the post Service Law—Qualification—It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications

sclaw.in

Unified Cadre--Shetty commission recommendation to bring about uniformity in hierarchy, designation and jurisdiction of officers both on civil and criminal sides--There was no specific direction to integrate into a single unified cadre.

sclaw.in

Service and Labour Law--Absence without leave--Dismissal from service--Misconduct--Proportionality of punishment--Appellant claimed that punishment of termination is disproportionate to gravity of offence charged--No mitigating circumstances could be shown--Similar offence committed earlier--Punishment of simplicitor dismissed not disproportionate to gravity of offence--Appeal dismissed

sclaw.in

Service Law—Penalty—Judicial Review—The imposition of a penalty in disciplinary proceeding lies in the sole domain of the employer—Unless the penalty is found to be shockingly disproportionate to the charges which are proved, the element of discretion which is attributed to the employer cannot be interfered with.

sclaw.in

Service Law—Annual Confidential Report—Uncommunicated adverse ACRs cannot be relied upon for the purpose of consideration of promotion.

sclaw.in

Service Law—Past Service—Seniority—Inter-Company transfer on personal request—The service rendered by him in old company can be and ought to be taken into account for all other purposes, other than for determination of his seniority in the new company

sclaw.in