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Roop Lal Vs. State

Court : Himachal Pradesh

Reported in : AIR1973HP14

..... result, therefore, is that the petition is belated and no explanation has been given, secondly, a proper notice has been given to the petitioner for termination of his services as required under rule 5 of the central civil services (temporary service) rules, he has not been discriminated against as the respondents 4 to 7 were the accepted patwari candidates, whereas the petitioner was not and he was appointed on a ..... that respondents 4 to 7 were appointed as patwaris in the revenue department after the appointment of the petitioner and accordingly they are junior to the petitioner in service, their services have been retained whereas the services of the petitioner, who was senior, had been terminated and the order, therefore, was in contravention of law and rules and contrary to the principle ..... (3) of the order, which i have seen in the original file produced by the respondents in the court that the services of the petitioner were terminated from the date he was to be relieved by his substitute, which means if ms substitute was to join earlier than a month from the date of service of the order on the petitioner then he was entitled to the pay and allowances for the unexpired period of the ..... as a patwari in the consolidation of holdings department at arki on 1st may, 1960, but due to the retrenchment of the post his services were terminated and on a request by the director of consolidation of holdings to all the deputy commissioners the petitioner was selected for appointment as .....

State of U.P. and ors. Vs. Bharat Singh and ors.

Court : Supreme Court of India

..... there is no gainsaying that such common features do not in any way impinge upon the autonomous character of such institutions nor does payment of salaries and the similarity of conditions of service of the employees provide a test for holding that although serving in different institutions totally independent of each other the principals appointed in such institution form a common cadre.35. ..... (3) the question whether the government was competent to direct an enquiry into the validity of the selection process under section 6 of the uttar pradesh higher education services commission act, 1980 or under article 154 of the constitution is left open in view of the pendency of the writ petitions challenging the validity of the selection process before the high court ..... we would also not like to go into the question whether or not the power vested in the state under section 6 of the uttar pradesh higher education services commission act (supra) which the state government purportedly invoked could be invoked by it for purposes of undoing the selection process and if could not be, whether the general executive power vested in the state under article ..... the setting up of the statutory commission, appointment of persons qualified for the same, stipulating the terms and conditions of service of those appointed and the power to remove the members for misconduct and laying down the procedure for appointment of teachers are all meant to ensure that the process of selection is free from mal-practices .....

Jamaluddin. Vs. State of Jammu and Kashmir, and ors.

Court : Supreme Court of India

..... submission is concerned, it was pointed out on behalf of the respondents that firstly at the time when this resolution was passed by the high court in february 1982, no age relaxation was provided for entering into the services of the state of jammu and kashmir also, and therefore it cannot be deemed that by passing of this resolution the high court also brought in the provision for age relaxation. ..... that apart, the rules made by the high court will govern the recruitment at the munsif level as well as at the level of the higher judicial service, and they have the force of law in view of the provision of article 234 of the constitution of india as interpreted by this court in bal mukund sah (supra) which is comparable to section 110 of constitution of jammu and kashmir. 14 ..... it was pointed out on behalf of the appellant that the jammu and kashmir civil services (classification, control and appeal) rules, 1956, specifically provide in rule 3 (2) that they apply to all government employees except to the extent excluded ..... that matter was concerning the candidates who did not qualify for the viva-voce test in the selection to the posts of subordinate judges in delhi judicial service, since they fell short in the written examination by one or two marks only. ..... opinion that the general rules framed by the government of j&k in this behalf are also applicable to the judicial service as also to the ministerial services of the judicial department; and such reservation are made accordingly. .....

P. RadhA. Vs. State of Tamil Nadu and ors.

Court : Chennai

..... the persons who have been appointed by way of direct recruitment from the bar as judges to preside over the ftcs under the ftc scheme shall be entitled to be appointed to the regular cadre of the higher judicial services of the respective state only in the following manner:(a)the direct recruits to the ftcs who opt for regularisation shall take a written examination to be conducted by the high courts of the respective states for determining their ..... (f)according to the petitioners, out of the 15 adhoc ftc judges selected from the bar, 7 ftc judges were terminated by the 4th respondent after paying their salary in lieu of notice period as their services were found not satisfactory and four ftc judges were allowed to serve upto 60 years of age and the remaining four ftc judges alone were allowed to continue in their posts. ..... from the above narrated portion of the judgment of the supreme court, it is crystal clear that only in case of dismissal, removal, reduction in rank or termination of services of judicial officers, the high court becomes the recommending authority and formal order based on the recommendation of the high court shall be passed by the state governor.16. ..... the learned counsel also submitted that at any time they can be reverted to the said position in the event the high court is of the view that their services are no longer required and therefore the petitioners have no right, much less any legal right to challenge the order of the 4th respondent. .....

Dr. C.M. Hanumantharaju and ors. Vs. Dr. Siddappa and ors.

Court : Karnataka

..... , shall be eligible for admission to post-graduate degree courses in the same speciality and shall not be eligible for any other post-graduate degree or diploma courses;(5) an in-service candidate who is studying in any post-graduate degree or diploma course shall not be eligible for admission under these rules;(6) a candidate who is above forty-eight years of age ..... and in force on the date of commencement of the act made by the governor under the proviso to article 309 of the constitution of india, regulating the recruitment and conditions of service of persons appointed to civil services and posts in connection with the affairs of the state shall be deemed to be rules made under sub-section (1) and shall continue in force until they are modified or replaced ..... mps 2005, dated 08-12-2006 under rule 3(2) the word regular, appearing in the 1st line shall always be deemed to have been deleted and after the word service appearing in the same line, the following words shall be inserted and read further.in the concerned department including candidates appointed under the rural weightage category.by order and ..... deputation, shall be eligible for admission to post-graduate degree courses in the same speciality and shall not be eligible for any other post-graduate degree or diploma courses;(5) an in-service candidate who is studying in any post-graduate degree or diploma course shall not be eligible for admission under these rules;(6) no candidate who is above forty-eight years of age .....

The Nagaland Bar Association Vs. the State of Nagaland and anr.

Court : Guwahati

..... several intricate questions of facts as well as law and demand skillful counselling and guidance of a person, who is well-versed in law, such a procedure cannot be regarded fair unless it makes available the services of knowledgeable and skillful lawyers to the one, who prosecutes, as well as the one, who defends, and when the state pays for the lawyers, who prosecutes, the state must not deny to pay ..... no pragmatic scheme of dispensation of justice can yield desired result unless the procedure adhered to is just, fair and reasonable and no process can be fair unless it makes available to a litigant the services of a lawyer, when one, embroiled in such system, needs the guidance of a man, who knows the intricacies of the legal system and has the skill to help the needy to enable him to receive justice ..... existence and if article 21 is not to be a lifeless provision enshrined in the constitution, imperative it is for the state to ensure that the person, who is in need of a lawyer, is able to receive the services of a competent and efficient lawyer and if such a person is unable to bear the expenses of a lawyer, state makes the same available to him in the form of legal aid. ..... concept of equal justice system has to have any meaning and purpose, the state must ensure, apart from making available the legal aid under article 39-a that the services of honest competent and efficient lawyers are made available to the litigants, particularly, those, who are financially not capable of obtaining .....

All Manipur Pensioners' Association and Anr. Vs. State of Manipur and ...

Court : Guwahati

..... to matters relating to pension and retirement benefits) are hereby adopted with the condition that wherever the word/words 'union', 'president', 'government', 'ministry', 'head of department' and 'union public service commission' has/have been referred to in the central civil services (pension) rules, 1972, the same shall be construed as referring to the 'state of manipur', 'governor of manipur', 'government of manipur', 'department of the government of manipur', 'head of department declared as such by the governor of manipur ..... adopted with the condition that wherever the word/words 'union', 'president' 'government', 'ministry', 'head of department' and 'union public service commission' have been referred to in the central civil services (pension) rules, 1972, the same shall be construed as referring to the 'state of manipur', 'government of manipur', 'governor of manipur', and 'manipur public service commission' respectively except the words 'central government' referred to in sub-rule (13) of rule 54 which will continue to mean the central ..... a political society which has a goal of setting up of a welfare state, would introduce and has in fact introduced as a welfare measure wherein the retiral benefit is grounded on considerations of state obligation to its citizens who having rendered service during the useful span of life must not be left to penury in their old age, but the evolving concept of social security is a later day development. .....

Ramrao Laxmikant Shirkhedkar Vs. Accountant General, Maharashtra and a ...

Court : Mumbai

Reported in : AIR1963Bom121; (1963)65BOMLR65; ILR1962Bom664; 1963MhLJ205

..... foreign service; (c) members of the all india services who are subject to the all india services (conduct) rules, 1954; (d) employed in part c state such government servants not being class i officers or any officers appointed by the government; (e) holders of any post in respect of which the president may, by general ..... in general are not applicable to other categories of government servants, namely -(a) (i) railway servants as defined in section 3 of the indian railways act, 1890 (ix of 1890); (ii) persons holding posts in the railway board who are subject to the railway service (conduct) rules; and (iii) other persons holding posts under the administrative control of the railway board or of the financial commissioner of railways; (b) members of the indian ..... regards the second charge in each case, they were charged with having committed a breach of the provisions of rule 4 (a) of the central civil services (conduct) rules, 1955 for having struck work and absented themselves from the usual official duties in pursuance of the strike notice. ..... both the petitioners, therefore, prayed for quashing of the order of the disciplinary authority passed against them dismissing them from service and the petitioner shri deshpande also prayed for quashing of the order communicating to him the rejection of his appeal.30 .....

Vasant Raghunath Gokhale Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : AIR1963Bom137; (1963)65BOMLR54; ILR1963Bom537

..... an opportunity would seem to be essential and a prerequisite to any adverse action la-tended to be taken against the government servant in exercise of the power under rule 152 of the bombay civil services rules especially when the report of the enquiry officer indicated that there was no cause for any departmental punishment being inflicted on the petitioner in respect of the charges which were held as not ..... in view of the interpretation which we feel must be put on the requirement for due compliance with the provisions of rule 152 of the bombay civil services rules, it follows as a matter of course that the decision whether the government servant concerned is or is not fully exonerated or whether the suspension order is justified or unjustified in whole or part is a matter of serious consequences to the ..... it is further contended that the petitioner was liable to be dealt with according to the civil services (classification, control and appeal) rules applicable to the employees of the madhya pradesh government and in force in that region ..... before their lordships the question was whether by recourse to the terms of the contract of employment, services of a servant can be terminated by taking action in pursuance of one of the terms of contract ..... government is therefore pleased to direct that shri gokhale should be reinstated in service immediately and the intervening period between suspension and reinstatement should be treated as leave due and admissible followed by extraordinary .....

Prakash Khushalrao Dabhade Vs. Zilla Parishad, Aurangabad and ors.

Court : Mumbai

Reported in : 2000(2)ALLMR545; (2001)1BOMLR339; 2000(4)MhLj609

..... appears that the additional commissioner, aurangabad, in his order has held that the petitioner was a probationer, because he was appointed by nomination and the services of the petitioner were terminated during the period of probation; and, therefore, the departmental enquiry is not necessary.18. ..... -the following shall not amount to a penalty within the meaning of this rule, namely :-(vii) termination of services -(a) of a parishad servant appointed on probation during or at the end of the period of probation, in accordance with the terms of his appointment or the rules and orders governing probation, or ..... so, the stand taken by the respondents that the petitioner was a probationer and, therefore, his services could be terminated as per sub-clause (a) of clause (vii) of explanation to rule 4 of the 1964 rules is not at all sustainable the probationer is entitled to the same protection, which is given to the temporary servant; or, for that matter, ..... now, it is well settled law that even a temporary government servant cannot be removed from service without holding departmental enquiry, if the complaint is there regarding misbehaviour or misconduct, and without giving him an opportunity to defend himself as per the rules prescribed for the departmental ..... basic contention of the petitioner is that no enquiry was held against him as per rules 4 and 6 of the maharashtra zilla parishad district services (discipline and appeal) rules, 1964 (hereinafter referred to as 'the 1964 rules'). .....