Once Service Rules Say PSC's Decision Is Final, Govt Cannot Inquire Into Candidate's Eligibility: Supreme Court

The Supreme Court has held that where service rules expressly make the Public Service Commission's decision on a candidate's eligibility final, the government cannot independently reopen and exhaustively reassess the candidate's eligibility after the Commission has found the person eligible and recommended them for appointment.A bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh heard a case involving one Shailendra Kumar Patel, who was selected and recommended by the...

Surplus Employee Entitled To Absorption Against Equivalent Or Lower Post, Not Higher Post : Supreme Court

The Supreme Court has held that a surplus employee cannot claim absorption against a post higher than the one he was holding when declared surplus merely because the two posts carry the same pay scale or the higher post was vacant. A bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan set aside the Bombay High Court's judgment which had directed the absorption of the Respondent...

RPF Rules | Employee Who Suppressed Criminal Case Can Be Discharged At Any Point Of Time : Supreme Court

The Supreme Court has upheld the discharge of a group of Railway Protection Force (RPF) and Railway Protection Special Force (RPSF) constables who failed to disclose pending criminal cases during the recruitment process.The Court reiterated that the deliberate suppression of material information regarding criminal antecedents clearly bears on the character of the employee and...

Illegality In Appointment Cannot Be Regularised Citing Long Duration Of Service : Supreme Court

The Court observed that while "irregularity" in appointment can be cured, illegality cannot be.

Delay In Processing Compassionate Appointment Application Cannot Defeat Claim Of Otherwise Eligible Dependent : Supreme Court

The Supreme Court has reiterated that a benefit of compassionate appointment cannot be denied to a beneficiary merely on account of delay or inaction by the employer in processing an application. A bench of Justice Aravind Kumar and Justice Vipul M Pancholi heard the case where a son's application seeking a benefit of a compassionate appointment was rejected by the employer, Western...

Retired Judges Appointed In Central Industrial Tribunals Can't Claim Pay Parity With Other Tribunal Members : Supreme Court

The Supreme Court on Wednesday (August 12) dismissed a writ petition filed by ex-judicial officers, who were re-employed as Presiding Officers of Central Government Industrial Tribunals-cum-Labour Courts, seeking pay scales equivalent to those granted to other National Tribunals under the 6th Pay Commission recommendations. A bench of Justice SVN Bhatti and Justice NV Anjaria justified...

Enquiry Necessary To Dismiss Employee For Suppression Of Criminal Antecedents : Supreme Court

The Supreme Court on Tuesday (August 11) observed that the disclosure of criminal antecedents by an employee after joining service would not automatically result in dismissal. The Court held that before passing a termination order, the employer must conduct an enquiry to determine whether the suppression of criminal antecedents was deliberate and must record a finding that the continuation of...

Grant Reservation To Military Cadets Disabled 40% Or More During Training Under Ex-Military Personnel Quota : Supreme Court To States/UTs

To strengthen the welfare and rehabilitation of cadets discharged from military training due to disabilities, the Supreme Court has directed States and Union Territories to consider granting reservation to such “out-boarded” cadets with 40% or more disability under the Ex-Military Personnel (Ex-MP) quota, while affirming their entitlement to reservation benefits under Section 34 of the...

'Washed-Off Theory' Doesn't Apply While Deciding If Employee Is Fit To Be Retained : Supreme Court

The entire service records of the employee can be considered, preceding promotion.

Employee Who Accepts Benefits Of Resignation Cannot Later Revoke It Claiming Its Acceptance Was Invalid : Supreme Court

“He cannot have his cake and eat it too," the Court observed, saying that the employee's conduct precluded him from challenging the acceptance of his resignation.

Administrative Action Cannot Be Struck Down Merely Because It Was Not Issued As A Formal Order : Supreme Court

The Supreme Court on Thursday (July 30) held that when an authority possesses a power under a relevant statute to take an action, the mere fact that the action is styled as a "circular" or "communication" rather than a formal "order" does not invalidate it. “Once the power exists and it is clear that this particular power has been exercised, the style under which it was exercised would...

Supreme Court Grants Uttarakhand Deputy Collectors Seniority Benefit From Initial Ad Hoc Promotion

The Supreme Court has held that Deputy Collectors in Uttarakhand who were promoted on an ad hoc basis in 2007 are entitled to count their continuous officiating service towards seniority, ruling that the State Government cannot deny them the benefit because of its own failure to consult the Public Service Commission as required under the rules.A Bench of Justices Pamidighantam Sri Narasimha...