Service Matter
Continuing wrong
Continuing wrong (in the context of section 23 of Limitation Act, 1908 corresponding to section 22 of Limitation Act, 1963) : "It is the...
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Continuing wrong – Recurring/successive wrongs – Service matter – Belated service related claim.
Continuing wrong - The principles underlying continuing wrongs and recurring/ successive wrongs have been applied to service law disputes - A...
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Service matter – Belated service related claim.
Service matter – Belated service related claim. A belated service related claim will be rejected on the ground of delay...
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IDA S. 25 – If legal right has been derived by the respondent herein to continue in service in terms of the provisions of the Act under which he is governed, then only, would the question of depriving him of any status or privilege arise
Industrial Disputes Act, 1947, Section 2(oo), 25 - In Municipal Council, Samrala v. Raj Kumar, (2006) 3 SCC 81, wherein,...
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240 days – only because a person had been working for more than 240 days, he does not derive any legal right to be regularised in service
Industrial Disputes Act, 1947, Section 2(oo), 25 - 240 days - It is now well settled that only because a...
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240 days – Completed- rights
IDA S. 2(oo), IDA S. 2(oo)(bb), IDA S. 25 Service Matter Industrial Disputes Act, 1947, Section 2(oo), 25 - 240...
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Service matter – Transfer
Service matter - Transfer is an incident of service and violation of Transfer Policy/Instructions does not confer any right as...
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Tribunal or the High Court could not interfere with the findings of facts
Judicial Review Service matter - Once the evidence has been accepted by the departmental authority, in exercise of power of...
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Non Transferable
National Health Mission – Employees appointments are contractual in nature and based on local selection criteria - The posts under...
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Government transfer policy
May not be sine qua non, if the policy is merely directory, as contended, but at-least some reasons ought to...
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Rules – Relaxation of
It is also now well settled that an appointment made in violation of the mandatory provisions of the statute and...
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Even if power of relaxation is provided in the rules, it must still be mentioned in the advertisement.
Rules - Relaxation of Even if power of relaxation is provided in the rules, it must still be mentioned in...
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Advertisement did not mention about a possible relaxation of the Rules
Rules - Relaxation of Service matter - Rules – Relaxation of - Advertisement did not mention about a possible relaxation...
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Recruitment | normalization | Terms in advertisement | Participation
Constitution of India, Article 226 – Advertisement of recruitment – It was specifically provided that in case of the written...
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As the promotions were made in clear violation of the Rules, the promotees are not entitled to claim seniority
Service matter - The promotees were appointed on ad hoc basis in the year 2004 and on a regular basis...
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