Court : Allahabad
Reported in : 1999(4)AWC2925; (1999)3UPLBEC2358
..... of management by resolution dated 15.12.1991 accepted the report of the inquiry committee and resolved to dismiss the petitioner from service which was accorded approval by the commission on 18.2.1993, which was challenged in writ petition no. ..... same time, it is also necessary to protect the interest of the petitioner who has been illegally dismissed from service by the committee of management, and was deprived of functioning as principal for long time.28. ..... from perusal of regulation 32, it is clear that extreme penalty of dismissal from service can be awarded only when the charge was for gross insubordination, deliberate or serious neglect to duty, gross misconduct or commission of an act which constitutes a criminal offence, dishonesty, corruption, misappropriation of ..... 51 charges have been found established.charges to demonstrate how they have been dealt with by theparticipated in the proceedings beforeagainst the petitioner was that in spite of the service of registered letters dated 11.8.1988. ..... uttar pradesh secondary education service commission, (1992) 2 ..... a resolution dated 30.6.1978, petitioner was dismissed from service which was disapproved by the d.i.o.s. ..... a total non-application of mind and it is this report on which the general manager acted in terminating the service of the appellant. ..... secondary education service commission and selection board act, 1982 (hereinafter referred to as the act), the procedure continued to be same which was provided under intermediate education .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2102; 2001(4)ALT27(SC); JT2001(Suppl1)SC202; 2001LabIC1743; 2001(3)SCALE737; (2001)5SCC145; [2001]3SCR314; 2001(2)SCT1050(SC); 2001(3)SLJ206(SC); 2001(2)LC826(SC)
..... amended rules having come into force, those posts could be filled up only in accordance with the un-amended rules and necessarily, therefore, could be filled up by promotion from the members of the delhi judicial service, in terms of rule 16, as it stood prior to the amendment and in this view of the matter, the advertisement that was issued to fill up 10 posts by way of direct recruitment is contrary to law and ..... 1540/86, which petition had been filed by the promotees, urging that the newly created temporary posts could be filled up only by promotion from amongst the members of the delhi judicial service, having unequivocally indicated to go ahead by inviting applications from the members of the bar by way of public advertisement for making direct recruitment in anticipation of the sanction of the draft ..... in other words, this court on being aware of the fact that temporary posts have been created and a grievance has been made by the members of the delhi judicial service that those posts were required to be filled up only by way of promotion from them in accordance with the rules as it stood then, a direction had beep given that the posts should ..... delhi administration and the union of india we request and authorise the high court to go ahead with the selection process from amongst the members of the delhi judicial service in the light of the draft rules in anticipation of sanction, so that the selection process is completed to the extent possible by the time the sanction is received. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC1556; (1998)2UPLBEC1532
..... by means of the present writ petition, the committee of management has challenged the order passed by the commission refusing to approve the proposal to terminate the services of saraswat and it is prayed that the order dated 26.9.1995 passed by the commission and communicated to the petitioners on 7.10.1995 (annexure-14 to the writ petition) be quashed and a direction be issued in the nature of writ of mandamus to command the ..... the committee of management was not satisfied with the work, conduct and functioning of saraswat and rating his performance as thoroughly unsatisfactory, thought it proper to terminate his services even during the period of probation and consequently made a recommendation for approval under section 21 of the u. p. ..... it was not allowed and after considering the material on record, particularly the report of the sub-committee (punishment), the commission did not approve the proposal to terminate the services of saraswat and passed appropriate orders on 26.6.1995 which were communicated to the petitioners on 29.6.1995. ..... the committee of management took the decision to terminate the services of saraswat and accordingly submitted all the relevant papers to the commission through d.i.o.s on 9.8.1994. ..... it was, therefore, considered necessary to constitute secondary education service commission at the state level, to select principals, lecturers, headmasters and l.t. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1115; [2003(96)FLR1048]; JT2003(1)SC534; 2003(1)SCALE564; (2003)4SCC104; [2003]1SCR666; 2003(2)SLJ14(SC); (2003)1UPLBEC780
..... qualified for appointment as chairman, unless he--(a) has been a judge of a high court, or(b) has, for at least two years held the post of vice-chairman, or(c) has been a member of the indian administrative service who has held the post of a secretary to the government of india or any other post under the central or the state government equivalent thereto, and has adequate experience in dispensation of justice. ..... disposing of a reference shall be executed in the same manner in which any final order of the state government or other authority or officer or other person competent to pass such order under the relevant service rules as to redressal of grievances in any appeal preferred or representation made by the claimant in connection with any matter relating to his employment to which the reference relates would have been executed.'19. ..... coming into force of the act the public servants were approaching civil courts for redressal of their grievances arising out of their service matters by filing civil suits before the civil court of competent jurisdiction or by approaching the high court under article 226 of the ..... reference of claim to tribunal--(1) subject to the other provisions of this act, a person who is or has been a public servant and is aggrieved by an order pertaining to a service matter within the jurisdiction of the tribunal, may make a reference of claim to the tribunal for the redressal of his grievance.explanation -- for the purpose of this sub-section 'order' means an .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1817; JT2008(13)SC635; 2008(4)SCALE580; (2008)7SCC153; 2009(1)SLJ207(SC); 2008AIRSCW2507; 2008LABIC2596; 2008(3)KCCRSN180
..... act, 1921 or the regulations made thereunder but subject to the provisions of sections 12, 18, 21-b, 21-c, 21-d, 33, 33-a, 33-b, 33-c, 33-d, 33-e and 33-f, every appointment of a teacher, shall on or after the date of the commencement of the uttar pradesh secondary education services selection board (amendment) act, 2001 be made by the management only on the recommendation of the board:provided that in respect of retrenched employees, the provisions of section 16-ee of the intermediate education act, 1921, shall mutatis mutandis apply ..... high court, furthermore, in its judgment took into consideration the contention of the appellant that his services should have been regularised in terms of section 33-a and section 33-b of the uttar pradesh secondary education services selection board act, 1982, as he had been possessing the prescribed qualification at the material ..... other conditions for recruitment therefor are prescribed by uttar pradesh secondary education services selection boards act, 1982 (the act) and the rules framed thereunder ..... we also direct the government of haryana to take steps for terminating the services of all such teachers who have secured employment on the basis of degrees/diplomas/certificates issued by hindi sajhitya sammelan, allahabad and/or hindi ..... (c) appellant having not fulfilled the conditions precedent for regularization of his services in terms of the provisions of the uttar pradesh secondary education selection board act, 1982, the high court has .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(2)AWC1412; (2000)3UPLBEC1979
..... it is not the denial of the right to get the order of dismissal set aside, rather it is only the denial of the hearing by the services tribunal in which the proceedings have to be initiated either by the public servant or a person who has been a public servant. ..... ram narain rai was a police head constable who was dismissed from service by means of order dated 3rd august, 1993 passed by the commandant, 4th bn. p.a.c ..... while in the present case, reference to the state public services tribunal can be made only by a public servant.6. ..... he was found guilty of misconduct in departmental proceedings and, therefore, was dismissed from service by means of order dated 3rd august, 1993. ..... public services tribunal had no alternative but to reject the claim on the ground of its maintainability ..... public services tribunal, though they might have the right to challenge the dismissal before the civil ..... public services tribunal at the instance of a public servant or for that matter by the dismissed public servant and, therefore, there was no question of continuing ..... public services tribunal is limited to the redressal of the grievances of a person who has been a public servant or is a public ..... public services tribunals act, 1976, the claim petition can be brought by a person who is a public servant or who has been a public ..... public services tribunal is illegal and the claim petition was maintainable, while on the other hand the learned standing counsel urged that the claim petition was rightly dismissed .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC537; (1999)2UPLBEC825
..... according to the said ordinance no person shall be qualified for appointment as chairman unless he is or has been :'(a) a member of the uttar pradesh higher judicial service who has held the post of district judge or any other equivalent thereto : or (b) a member of the indian administrative service who has held the post of secretary to the state government or any other post equivalent under the state government equivalent thereto : or (c) a vice-chancellor of any university ; or (d) ..... the ordinance further provide that no person shall be qualified as member unless he is or has been :'(a) a member of the uttar pradesh higher judicial service who has held the post of district judge or any other post equivalent thereto ; or (b) a member of the indian administrative service who has held the post of secretary to the state government or any other post under the state government equivalent thereto ; or (c) a vice-chancellor of any university ; or (d) a professor in any university ; ..... (5) notwithstanding anything in the preceding provisions, where to abolition of any post of teacher in any college, services of the person substantively appointed to such post is terminated the state government may make suitable order for his appointment in a suitable vacancy, whether notified under sub-section (3) of section 12 or ..... autonomous statutory body, which has been created under the statute, like the public service commission, it is not subservient or subordinate to the directions of the state .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2889; JT2003(6)SC20; RLW2003(4)SC563; 2003(5)SCALE361; (2003)6SCC545; 2004(1)SLJ401(SC); 2003(2)LC1325(SC)
..... evaluate the record of the judicial officer for his continued utility well within time before he attains the age of 58 years by following the procedure for the compulsorily retirement under the service rules applicable to him and give him the benefit of the extended superannuation age from 58 to 60 years only if he is found fit and eligible, he should be compulsorily retired ..... age of superannuation of the judicial officers would be 60 years, but it was directed that a committee appointed by the chief justice would review the records of the members of the judicial service with to find out their potentiality before they attain the age of 58 years and those who, in the opinion of the high court are not found suitable would be made to ..... the government servants other than class iv who have crossed the age of 58 years shall also be compulsorily retired on 31.03.1999.the retirement age of officers of rajasthan judicial services and rajasthan higher judicial services who are considered to have a potential for continued useful purpose by the committee of judges of the rajasthan high court and headed by the chief justice would be 60 years ..... the rules.those judicial officers who have already crossed the age of 58 years, will not be subjected to the review for compulsory retirement and will continue in service up to the extended superannuation age of 60 years since they have had no opportunity to exercise their option and no review for compulsory retirement could be undertaken in their case .....
Tag this Judgment!Court : Supreme Court of India
Reported in : RLW2001(1)SC11; 2000(7)SCALE584; [2000]Supp5SCR34; (2001)1UPLBEC542
..... personnel' or 'surplus employee' means the government servant to whom the rajasthan service rule, 1951 apply and who are declared surplus by the government or by the appointing authority, under directions of the government, on their being rendered surplus to the requirements of a particular department of the government due to the ..... being declared surplus; (jj) 'regularly appointed' means person appointed on the recommendations of the commission if the posts are in its purview and the persons appointed in accordance with the procedure laid down for recruitment to the post or service, as the case may be, but does not include an ad hoc or urgent temporary appointment or officiating appointment which is subject to review and revision by the departmental promotion committee; (k) 'schedule' means schedule appended to these rules; (l) 'supreme ..... the position, in the case in hand, when the posts in the land and building tax department, itself had been made permanent and the incumbents also have been confirmed, there would be no rationale to exclude their services form the date of appointment till the date of confirmation for the purpose of seniority and in terms of rule 15(1), the said period cannot, but be held to be substantive in nature and as such, the conclusion of the tribunal .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)IIILLJ1184All; (1996)4UPLBEC2596
..... 1985 of respondent no .1 in so far as it deprived the petitioner of pay and other allowances prior to the date he joined his place of posting after the judgment of the tribunal and for the period for which he remained out of service on account of termination will not be taken into considerationwhile counting length of service of the petitioner for the purposes of seniority and other consequential benefits is set aside. ..... the matter whether the period for which the petitioner remained out of service on account of the termination is to be counted while counting the length of service of the petitioner for the purposes of seniority and other consequential benefits was a matter to be decided by the respondents ..... 14, 1978 to may 31, 1979 be regularised by grant of leave and that the period for which the petitioner remained out of service be counted while determining his seniority and also for all other purposes.2. ..... the period for which the petitioner remained out of service on account of termination will not be counted while counting length of service of the petitioner for the purposes of seniority and other consequential ..... but we do not think thatthe tribunal could have adjudicated upon this question and deprived the petitioner of his salary and seniority from the date he went on leave till the date he joined the service, and to that extent the petition has to be allowed.11. ..... was submitted to the director, medical and health services, who was not the appointing authority of the petitioner .....
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