Court : Supreme Court of India
Reported in : AIR2000SC498; 2000(1)ALLMR(SC)99; JT1999(9)SC557; 1999(7)SCALE411; (2000)1SCC168; [1999]Supp5SCR229; 2000(3)SLJ101(SC); 2000(1)LC367(SC); (2000)1UPLBEC455
..... the question is whether assuming that once the creamy layer is excluded from backward classes the non-creamy layer in that backward class is not able to secure adequate representation even within the quota, in public services because its members are not reaching the prescribed level of qualification or standards for recruitment, - can that be a ground for non-exclusion of the creamy layer as contended by the state?52. ..... having sought time for years to appoint a commission, the kerala legislature then suddenly came forward with the kerala state backward classes (reservation of appointments or posts in the services under the state) act, 1995 which, in section 3 declared that 'having regard to known facts in existence in the state of kerala, that there are no socially advanced sections in any backward classes who have acquired capacity to ..... (b) vice president of india, (c) judges of the supreme court and high courts, (d) chairman and members of upsc and state public service commission, chief election commissioner, comptroller and auditor-general of india, (e) persons holding constitutional positions of like nature, (b) service category: children of (a) parents, group a/class i officers of all india central services and state services (direct recruits) where both or one of the parents are class i officers, subject to certain conditions; children of group b/class ii officers .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(5)ALT1(SC); JT2009(9)SC229; (2009)IVLLJ57SC; 2009(9)SCALE99; (2009)8SCC431; 2009(7)LC3037(SC):669458
..... the appointing authorities subject to fulfillment of the following conditions:1) the persons appointed should possess the qualifications prescribed as per rules in force as on the date from which his/her services have to be regularised.2) they should be within the age limits as on the date of appointment as nmr/daily wage employee.3) the rule of reservation wherever applicable will be followed ..... other bodies established by the state government grossly violated the instructions issued from time to time by the government and appointed persons indiscriminately to various categories of services either on daily wage basis or temporary basis without there being a post and without being sponsored by employment exchange and without observing the rule of reservation ..... , scheduled tribes and backward classes, the rights of the existing employees who are recruited through proper channel and the functions of andhra pradesh public service commission, district selection committees and other selection committees constituted by the government.the legislation will prevent further deterioration of finances of the state and at ..... protect public servants from being held for contempt for non-compliance of the orders of tribunal or high court and also for abatement of pending cases claiming regularization of services which are already filed before the courts of law by making a suitable provisions therefor; and(d) to protect the interests of candidates registered with employment exchange, the reservation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3409; 128(2006)DLT722(SC); JT2006(4)SC524; 2006(2)KLT375(SC); 2006(4)SCALE60; (2006)4SCC550; 2006(3)SLJ371(SC); 2006(1)LC532(SC)
..... of vacancies reserved for the scheduled castes and the scheduled tribes and the other backward classes be recommended by the commission by a relaxed standard, subject to the fitness of these candidates for selection to the services.provided that the candidates belonging to the scheduled castes, the scheduled tribes and the other backward classes who have been recommended by the commission without resorting to the relaxed standard referred to in this sub ..... a candidate shall be required to indicate in his/her application form for the main examination his/her order of preferences for various services/posts for which he/she would like to be considered for appointment in case he/she is recommended for appointment by union public commission.a candidate who wishes to be considered for ias/ips shall be required to indicate in his/ ..... the fact that considerable number of members of a backward class have been appointed/promoted against general seats in the state services may be a relevant factor for the state government to review the question of continuing reservation for the said class but so long as the instructions/rules providing certain percentage of reservations for the ..... the reserved category and in such process the choice of preference of the reserved category recommended by resorting to the relaxed standard will be pushed further down but shall be allotted to any of the remaining services/posts in which there are vacancies after allocation of all the candidates who can be allocated .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)IIILLJ305SC; 2008(13)SCALE558; (2008)10SCC1;
..... of group `b', `c' and `d' and absorbed the staff working in the office of the court liquidator with effect from the date of expiry of 360 days of their joining service and held that the direction given by the learned single judge for absorption of all group `c' and `d' company paid staff does not call for interference.particulars of the additional ..... the hon'ble supreme court's judgment dated 27.08.99 (copy enclosed) on the subject mentioned above and to say that further action in the matter of absorption of the company paid staff in regular government service may please be taken on the following lines:(i) only such company paid staff of the offices of the official liquidators shall be eligible for regular absorption:(a) who were in position as on 27.08.99 and ..... ground that by having worked continuously for 10 years or more as company paid staff as on 27.8.1999, some of the respondents acquired a right to be absorbed in the regular cadre or regularized in service and they are entitled to the benefit of the principle of equal pay for equal work and have their pay fixed in the regular pay scales prescribed for the particular posts.48. ..... , after having applied for and accepted employment/engagement as company paid staff with fixed tenure superimposed by a stipulation that they will have no right to continue in service or to be absorbed in the regular cadres, the respondents are estopped from seeking a direction for their absorption against the posts sanctioned by the government of india .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1168; (2007)1CompLJ46(SC); 2006(12)SCALE543; 2007[5]STR161
..... agencies).whereas members of hotel & restaurant association would be protected thereby, the tariff order dated 7.03.2006 protects all as in terms thereof sub-clause (f) of clause 2 of the telecommunication (broadcasting and cable) services (second) tariff order, 2004 was substituted by the following:(i) for all others except commercial cable subscribers, the rates (excluding taxes) payable by one party to the other by virtue of the written/oral agreement ..... including re-transmission by cables of any broadcast television signals;(e) 'cable television network' means any system consisting of a set of closed transmission paths and associated signal generation, control and distribution equipment designed to provide cable service for reception by multiple subscribers;in regard to the tariff, it was stated:the charges, excluding taxes, payable by-(a) cable subscribers to cable operator;(b) cable operators to multi system operators/broadcasters (including their authorised distribution ..... were provided therein which are as under:(a) 'broadcaster' means any person including an individual, group of persons, public or body corporate, firm or any organisation or body who/ which is providing broadcasting service and includes his authorised distribution agencies; (b) 'broadcasting services' means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro magnetic waves through space or through cables intended to .....
Tag this Judgment!Court : Delhi
Reported in : 1998VIIAD(Delhi)181; 1999(48)DRJ242
..... . we, however, hasten to add that this conclusion is without prejudice to the pleas which are yet to be decided taken by the respondent that the central civil services (temporary service) rules, 1949 and not the central civil services (temporary service) rules, 1965 under which the said order dated 6th december, 1976 was passed, were adopted by appellant no.1/authority, and that non-tender of one month's pay and allowances to the respondent as required by the ..... the respondent was permitted to take additional grounds of challenge to the effect that while terminating his services persons, junior to him had been retained in service by appellant no.1/authority; that only central civil services (temporary services) rules, 1949 were adopted by respondent no.1/authority but the order dated 6th december, 1976 was made with reference to the central civil services (temporary service) rules, 1965; and that he was not tendered one month's pay and allowances ..... 2 (annexure p-2) which too is material runs thus:'in pursuance of provision to sub-rule (i) of rule 5 of the central civil services (temporary services) rules, 1965 as ex- tended to the employees of the authority vide regulation 6 of the delhi development authority (salaries, allowances and conditions of service) regulation, 1961, i hereby terminate forthwith the services of shri surinder pal jain je (civil) and direct that he shall be paid a sum equivalent to the amount of pay and allowances for a period of one month (in lieu) of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1979Delhi507
..... any need for making a probe concerning the motive/foundation for the impugned order in this case, it is material to note that is now known a fact which is not disputed that the termination of the petitioner's services was as a result of his superior (s) thinking that not only his 'work' but 'conduct' were not satisfactory (vide annexure a to the petition, a communication dated november 15, 1967 from the deputy secretary (tech. ..... ' of this court under articles 226 and 227 of the constitution of india, has had to wait nearly for 4 years hoping the president of india to review his order dated 17-4-1965 terminating the petitioner's services w.e.f- 22nd may 1965 (the same having been served on 22-4^1965) and for nearing 8 years in this court to get the relief which he seems to be entitled, even on purely legal grounds. ..... 1-6-1964- the petitioner sent a reply thereto dated 9-11-1964 (copy of which is annexure at to the petitioner's rejoinder) specifically pointing out that he had completed two years service on 1-6-1964, and that at no time, during this period, had he been informed about any short-coming in his 'work'; if there were any, they may be mentioned to him so that' he could make sincere efforts at ..... petitioner, according to his own averments, which have not been shown to be false, has been prejudiced not only by reason or his services having been terminated in the aforesaid manner but the same being also communicated to an officer on whom the petitioner had to rely for getting .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi240; 1977LabIC688
..... : (a) whether on absorption in the armed forces headquarters between 1951 to 1958 as lower division clerks on transfer from office and formations subordinate to the ministry of defense their seniority should have been determined on the basis of length of service in the grade in the afhq or in an equivalent grade outside the afhq rather than on the date of confirmation in that grade, (b) if the first question is answered in favor of the petitioners, whether there has been such delay in raising ..... 1949 memorandum was inapplicable to upper division clerks in the armed forces headquarters and that it merely enjoined that the principles laid down in it should 'generally be taken as model in framing the rules of seniority for various services under the central government' thereby leaving the cadre controlling authority free to issue proper instructions for the purpose and that the ministry of defense was, thereforee, justified in issuing instructions for the determination ..... though the august 1959 memorandum and the 1963 memorandum represented a drastic departure from that 1949 memorandum, it was nevertheless unexceptionable because all that was required by the 1949 memorandum was that the services concerned should issue instructions and frame rules broadly conforming to the 'model' contained in the 1949 memorandum and that this requirement was satisfied, appears to me to be devoid of any force .....
Tag this Judgment!Court : Delhi
Reported in : 139(2007)DLT608
..... 2006 whereby the following directions were made:i) the upsc shall, within two weeks from the date of this order, disclose the marks assigned to each of the applicants for the civil services preliminary examination 2006 in general studies and in optional papers; andii) the upsc, within two weeks from the date of this order, shall also disclose the cut-off marks fixed ..... without going into the specifics of any data, that if the information sought is revealed, then a possible fall out would be that a large number of dummy candidates would be pressed into service by some unscrupulous coaching institutes which would result in the alteration of the scaled marks of certain specific papers and thereby deprive meritorious students in other papers from qualifying as the presence of ..... disclosure of the individual scores along with the keys of question papers would result in the derailment of the entire structure and process of civil services examination and that the sharing of the complex intricacies on evaluation of performance in various optional subjects would seriously endanger the process of secrecy and ..... of the information would undermine the integrity, strength and efficacy and competitive public examination system conducted by the upsc;4) the preliminary examination for the civil services was only a screening test and it had been specifically notified that no mark sheets would be supplied to candidates and that no correspondence would be entertained by the commission in this regard.s3 .....
Tag this Judgment!Court : Delhi
Reported in : 2008(3)SLJ445(Delhi)
..... be granted and that in case he fails to resume duty he would be deemed to have vacated his post and the delinquent despite the forewarning given, accepted a further service contract with the foreign university and failed to resume duty in time, the supreme court held that the action of the university in holding that the delinquent had deemed vacated ..... otherwise, re-open the case, and after making such enquiry as it deems fit -(i)confirm the action taken by the appointing authority;(ii)withdraw the notice;(iii)reinstate the government servant in service; or(iv)make such other order in the case as it may consider proper:provided that except in special circumstances, which should be recorded in writing, no case shall be reopened under ..... notice in writing given either by the government servant to the appointing authority or by the appointing authority to the government servant ;(b)the period of such notice shall be one month:provided that the service of any such government servant may be terminated forthwith and on such termination the government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the ..... in the proviso to the rule 5(2) of the rules, for any case to be re-opened under the said rule after the expiry of 3 months from the date of termination of service, the order passed by the 2nd minister on 27th august, 2002 and the directions issued thereafter in september 2003 and may 2004 on which much reliance was placed by the petitioner, .....
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