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Jul 07 2003

Krishna Bihari Tiwary and ors. Vs. the State of Bihar and ors.

Court: Patna

Decided on: Jul-07-2003

find no error in the judgment impugned to interfere. Accordingly, all these appeals are dismissed but without costs. Service law - Appointment--Assistant teachers in Primary School-- Eligibility of--Appellants empanelled for appointment on the basis of advertisement issued in … Case Note:Service law - Appointment--Assistant teachers in Primary School-- Eligibility of--Appellants empanelled for appointment on the basis of advertisement issued in


Aug 19 1999

R.B. Desai and anr. Vs. S.K. Khanolker and ors.

Court: Supreme Court of India

Decided on: Aug-19-1999

Reported in: AIR1999SC3306; JT1999(6)SC141; 1999(5)SCALE127; (1999)7SCC54; 2000(3)SLJ26(SC); 1999(2)LC1576(SC); (2000)1UPLBEC425

not give any such priority to the candidates acquiring earlier eligibility and, in our opinion, rightly so. In service law, seniority has its own weightage and unless and until the Rule specifically exclude this weightage of seniority, it … judgment and order under appeal is set aside. The writ petition shall stand dismissed. Service - promotion - Service law - appeal challenging judgment of High Court - as per said judgment ranking assigned in eligibility list should


Oct 03 1997

State of Punjab and ors. Vs. Inder Singh and ors.

Court: Supreme Court of India

Decided on: Oct-03-1997

Reported in: JT1997(8)SC466; 1997(6)SCALE442; (1997)8SCC372; [1997]Supp4SCR425

decision does not support the case of the respondents before us.19. Concept of 'deputation' is well understood in service law and has a recognised meaning. 'Deputation' has a different connotation in service law and the dictionary meaning of … 'deputation' is well understood in service law and has a recognised meaning. 'Deputation' has a different connotation in service law and the dictionary meaning of the word 'deputation' is of no help. In simple words 'deputation' means service


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Dec 18 2006

Diwakar Prasad Sinha Vs. State of Bihar and ors.

Court: Patna

Decided on: Dec-18-2006

unheard of and contrary to the constitutional scheme as well as the procedure laid down in the Civil Services (Classification, Control and Appeal) Rules, 1930; there has been thus a gross violation of not only the mandate … stated in para-10 of the said judgment of the supreme Court that it is well settled principle of law that if the probationer is dismissed/terminated during the period of probation no opportunity is required to be given


May 20 2005

Ashutosh Kumar Vs. the State of Bihar and ors.

Court: Patna

Decided on: May-20-2005

would create a right in favour of those who illegally entered in the office. In the field of service law the principle of adverse possession has no application. In a case of adverse possession if a person remains … such persons applying the principles of equity. The equity bridges the gaps and not the voids. Under the service law, appointments are to be made following certain norms and principles. When a procedure is prescribed then the same


Dec 03 2008

The State of Bihar and ors. Vs. Bivekanand Singh and anr.

Court: Patna

Decided on: Dec-03-2008

such persons applying the principles of equity. The equity bridges the gaps and not the voids. Under the service law, appointments are to be made following certain norms and principles. When a procedure is prescribed then the same … the writ application is dismissed.27. There would be, however, no order as to costs.Chandramauli Kr. Prasad, J.I agree. Service Law-Compassionate appointment-Circular dated 12.7.1977-By impugned order passed in Writ petition, order of termination was set aside with a direction


Apr 08 2003

Deobrat Sahay Vs. Union of India (Uoi) and ors.

Court: Jharkhand

Decided on: Apr-08-2003

Reported in: 2003(2)BLJR1059; [2003(2)JCR610(Jhr)]

Institute of Medical Science can be prematurely retired before completion of his tenure. In other words, whether the service law concept of premature retirement in public interest is applicable to a tenure post filled by way of direct … prior to his appointment on lien on a tenure post. 22. It is well known that lien, in service law connotes the right of a public servant to hold the post substantively to which he is appointed. Existence


Apr 15 1999

Karoo Paswan Vs. State of Bihar and ors.

Court: Patna

Decided on: Apr-15-1999

of Gujarat and Anr. v. Ram Lal Keshav Lal Soni and Ors. reported in 1983 (1) All India Service Law Journal 268, the Chawkidars appointed and serving as per the provision of Bihar Chawkidari Manual will be found


Feb 20 2001

Shyam Deo Singh Vs. State of Bihar and ors.

Court: Patna

Decided on: Feb-20-2001

at an early date. However, in the facts and circumstances, there shall be no order as to costs. Service law - Judicial service--Retirement age from 58 years to 60 years-Benefit of enhancement of retirement age 58 to 60


Jan 29 2003

State of Bihar and ors. Vs. Prashant Kr. Sharma and ors.

Court: Patna

Decided on: Jan-29-2003

Government must be honest not only to its constitutional responsibility but to the public so also to the service law. 19. In the matter of V. Sreenivasa Reddy v. Government of A. P., AIR 1995 SC 586, the … or its functionaries neither can be allowed to follow 'pick and choose' or . 'kick and choose'. The service law does not authorise the State or its functionaries to pick some people or kick some people. The law


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