Service Matter
Service matter – Dismissal – Procedure – Must scrupulously observe those standards on pain of invalidation of an act in violation of them
“It is interesting to notice that in the United States it is now well settled that an executive agency must...
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Service Matter – If dismissal from employment is based on a defined procedure, even though generous beyond the requirements that bind such agency, that procedure must be scrupulously observed
“An executive agency must be rigorously held to the standards by which it professes its action to be judged. Accordingly,...
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Service Matter – There can not be 100% reservation
Service Matter A.P. High Judicial Service (Special) Rules Rule 2 - A.P. State and Subordinate Service Rules, Rule 22 -...
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IDA S. 11 – No work no pay – If the employee is not at all at fault and she was kept out of work by reasons of the decision taken by the employer, then to deny the fruits of her being vindicated at the end of the day would be unfair to the employee
Industrial Disputes Act, 1947, Section 11 – No work no pay - Is a principle which is apposite in circumstances...
Read moreNo Work No Pay – Employer remained closed for years together and it was declared as a sick unit
Matter arose out of an award by the Labour Court where exercise of power under Section 11 A of the...
Read moreNo work no pay – It is not an absolute principle, which does not admit of exceptions
. It is true that no work no pay is a principle which is apposite in circumstances where the employee...
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Service matter – Wilful misconduct and negligence simplicitor are not inter changeable terms
Wilful misconduct and negligence simplicitor are not inter changeable terms and have different connotations in law. “12. It is not...
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Service matter – Quantum of punishment in disciplinary matters – factors
Hon'ble Apex Court laid down as to what is required to be taken into consideration before interfering in the quantum...
Read moreService matter – Quantum of punishment in disciplinary matters.
Quantum of punishment in disciplinary matters is something that rests primarily with the disciplinary authority and the jurisdiction of a...
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Service matter – Doctrine of proportionality
“Proportionality” is a principle where the court is concerned with the process, method or manner in which the decision-maker has...
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Service Matter – Assured Career Progression – Sole prerogative of the respondents
Service Matter - Assured Career Progression – Very object and purpose of ACP is purely with a view to ward...
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Date of Birth – Change of
It is well settled principle of law as held by the Hon'ble Supreme Court in “State of Punjab and others...
Read moreService Matter – Deputation – Ordinarily the term of deputation should not be curtailed except on such just grounds as, for example, unsuitability or unsatisfactory performance
Apex Court held that ordinarily, the term of deputation should not be curtailed except on grounds of unsuitability or unsatisfactory...
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Subsistence allowance
Non-payment of subsistence allowance to the petitioner during pendency of disciplinary proceedings amounts to denial of proper opportunity of hearing,...
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Dismissal from service – procedure must be scrupulously observed
Importance of procedural imperatives If dismissal from employment is based on a defined procedure, even though generous beyond the requirements...
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