Court : Mumbai
Reported in : 2009(3)BomCR221; 2009(111)BomLR869
..... the claims of the candidates eligible have to be considered for promotion objectively and dispassionately, with a sense of achieving manifold purpose - (1) affording an opportunity to the incumbent to improve excellence, honesty, integrity, devotion to public duty; (2) inculcating discipline in service; (3) afford opportunity to every eligible officer within the zone of consideration for promotion to a higher post or office; and (4) ensuring that the committee regularly meets and considers their claim objectively, impartially with a high sense ..... 2/60/20073h(1)/13810, dated 7th june, 2008 on the subject mentioned above and to state that rule 7(1)(b)(1) of ais (d&a;) rules, 1969 states that the authority to institute proceedings and to impose penalty 0 where a member of the service has committed any act or omission which renders him liable to any penalty specified in rule 6 of rules ibid - while he was serving in connection with the affairs of a state - will be the government of that state ..... the dgp may, however, be relieved of his responsibilities by the state government acting in consultation with the state security commission consequent upon any action taken against him under the all india services (discipline and appeal) rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties.minimum tenure of ig of police and other officers(3) police officers on operational duties in .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR817; 1999(3)MhLj291
..... on several grounds, namely, that the order is merely a camouflage for an order of dismissal for misconduct; the order is directly referable to memo issued on 27th january, 1992; that her services have been terminated for extraneous reasons which are unconnected with the performance of her job; that no memo was issued to her to suggest that she had shown lack of interest in work; that ..... quoted the following passage from its judgment in kaushal kishore shukla's case (supra), which is as under :-'a temporary government servant has no right to hold the post, his services are liable to be terminated by giving him one month's notice without assigning any reason either under the terms of the contract providing for such termination or under the relevant statutory ..... it was further urged by him that the cases on which reliance has been placed by learned advocate for the petitioner relate to single and lone instances in the case of service of employees who were terminated and that the whole matter has to be examined in the light of various pronouncements of the apex court including two judgments of the apex court ..... for unless there is material on the record before the court in support of that allegation, an attempt by the court to find out from the record whether the termination of service is based on the unsuitability of the government servant in relation to the post held by him or is in reality an order by way of punishment will in effect be an unwarranted attempt to delve into the official .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(2)ALLMR591; 2008(4)BomCR688
..... by notification dated 12th june, 2006, sub-rule (1a) has been inserted which reads thus(1-a) notwithstanding anything contained in sub-rule (1), the central government may, if it considers necessary in the public interest to do so, give extension in service-to the incumbents of the posts of the cabinet secretary, defence secretary, home secretary, director, intelligence bureau, secretary, research and analysis wing and director, central bureau of investigation for such period as it may deem proper: ..... pleaded case of the state government that there was any hardship being created because of superannuation of these respondents and that the interest of the government would be jeopardized, if they were not permitted to continue further in service more particularly in the light of the fact that it is neither averred before us nor records reflect that equally competent officers from the force were not available to take over these assignments. ..... -where the central government is satisfied that the operation of(i) any rule made or deemed to have been made under the all india services act, 1951 (61 of 1951), or(ii) any regulation made under any such rule, regulating the conditions of service of persons appointed to an all india service causes undue hardship in any particular case, it may, by order, dispense with or relax the requirements of that rule or regulation, as the case may be, to such extent and subject to such exceptions .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(4)BomCR95; (1999)2BOMLR630; 1999(2)MhLj962
..... in order to make an effective operative order in the matter, we called upon the respondents to furnish the following information:-(1) total amount paid to the petitioner for the period 1-12-1982 to 31st december 1998 as pension for the service rendered to the government of maharashtra; (2) the total amount of arrears that would become payable to the petitioner if the petitioner's pay is treated as protected on re-employment by the university and the petitioner is granted the benefit of ..... 2nd november 1982 the petitioner addressed a letter to the accountant general (i) maharashtra, bombay raising two queries: (a) whether his continuous local service in class ii from 25th september, 1958 to 13thnovember 1962 would be considered as qualifying service for the purpose of voluntary retirement, and (b) whether the total length of qualifying service after giving weightage that will be considered for the purpose of calculating proportionate pension, in case he accepted voluntary retirement on 13-11-1982.8 ..... administrative officer in the office of the joint director of education, contends that by virtue of rule 157(1) of the maharashtra civil services (pension) rules, 1982 (corresponding to rule 330(a) of bombay civil services rules, 1959) a person who is in receipt of a superannuation or retiring pension, shall not be re-employed or continue to be employed in service paid from consolidated fund of india or of state or from a local fund, except on public grounds and in a purely temporary .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ALLMR848; 2004(6)BomCR907; 2004(3)MhLj787
..... the supreme court held that a person in the army who has earned pension after putting in the requisite period of service before leaving the army whether on his own request or on being released by his employer or on any ground should be treated as an ex-serviceman who has retired from the army ..... no officer shall, on his pay being fixed on the basis of his seniority as aforesaid, be eligible for any arrears of pay for the period commencing on the date of his appointment in the defence service and the date of his appointment to the reserved post on the basis of his pay fixed as aforesaid. ..... before the tribunal, the petitioner had claimed the benefit of the maharashtra released defence services (fixation of pay and seniority) rules, 1974 which were notified by the governor in exercise of powers conferred by the proviso to article 309 of the constitution of ..... object of the rules is to ensure that persons who have devoted long years of service in the defence of the nation as members of the armed forces should have the benefit of their service in the armed forces counted on their subsequent re-employment by the state. ..... exercise of the powers conferred by the rule 48 of the maharashtra civil services (pension) rules 1982, the petitioner was allowed the benefit of counting the past service rendered in the indian army and in the zilla parishad of chandrapur for the purposes of pension and gratuity.the petitioner retired from service on attaining the age of retirement on 30th june, 2003. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR190; 2004(2)BomCR836
..... by a representation dated 16th september 1995 submitted to the settlement commissioner and director of land records, the petitioner claimed that he was entitled under the maharashtra released defence services personal (fixation of pay and seniority) rules, 1974, to seniority with effect from 4th february 1964 which was the date on which he was engaged in the air force. ..... testing the provisions in this context we are of the view that a person in the army who has earned pension after putting in the requisite period of service before leaving the army whether at his own request or on being released by the employer or on any ground should be treated as an ex-serviceman who has retired from the army. ..... the mere fact that a member of the armed forces had after a long period of service voluntarily quit the service with the consent of the employer should not place him in a disadvantageous position for claiming the benefit of reservation for ex-servicemen. 12. ..... the purpose of the provision, held the supreme court, was to provide them with suitable jobs in the civil services so that they would not face difficulties of adjustment in civil society after leaving the defence forces. ..... ' the expression 'released' for the purposes of rule 2(b) ought not to be regarded as not including a member of the defence service who has been discharged, so long as the discharge was after completing a fixed tenure. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant21; AIR1952Mys21; ILR1952KAR83
..... clear provisions of the act and in the light of the above discussion, we have) no hesitation in holding that the expression 'other conditions of service' mentioned in section 6, essential services (maintenance) act, is comprehensive enough not to exclude most of the matters falling within the definition of 'industrial matter'. ..... in this view, the provisions of the labour act cannot be made applicable where the essential services maintenance act contained similar provisions :'as a rule, general provisions do not derogate from special provisions, but that the latter do derogate from ..... , we hold that the petitioner should look to and be governed by the essential services act and the similar provisions in the labour act cannot have any force. ..... any doubt that if the provisions of the labour act had not been superseded by essential services (maintenance) act made applicable to the mysore iron & steel works, the appellant i.e. ..... by a notification dated 17-9-42 the government have made the essential services act applicable to the mysore iron and steel works which is a government concern under section 3 of ..... the government made the essential services (maintenance) act applicable to the mysore iron & steel works and it must be said that with refer-ence to the employer and employees the essential services (maintenance) act superseded the provisions of the labour act and as such the labour commissioner was not bound to ascertain within 15 days after the notice issued by the respondent whether the .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(2)KarLJ90
..... already working in a supernumerary post in the equivalent cadre in the board and rule 4-e prescribes deputation as a mode of appointment which is subject to the condition that deputation can only be of a person who is working in any of the state civil services in the equivalent grade and it can be resorted to only if eligible candidates are not available in the board and the deputation should not normally exceed the time limit prescribed by the government from time to time. ..... or qualification essential to reach the post of executive engineer in the public works department and was thus not qualified to be sent on deputation as executive engineer under the board, he is illegally sought to be absorbed as executive engineer under the services of the board, ignoring the nature of duties and responsibilities of the post held by respondent 3 in hudco and the post of executive engineer in the board, respondent 3 was taken on deputation vide. ..... the appointment of 3rd respondent who is not an executive engineer of the public works engineering department is illegal;(iii) placing reliance on the karnataka civil services (service and kannada language) examinations rules, 1974, he contends that unless the person seeking appointment has passed service examinations prescribed under rule 2(3) and rule 2(6) he cannot be considered for appointment;(iv) he next contends that the draft rules, 1997 are published by the government proposing the amendment providing .....
Tag this Judgment!Court : Karnataka
Reported in : (1968)ILLJ794Kant
..... inspector-general of police : (1970)illj649sc , their lordships have observed as follows : 'even so, it may be conceded that when reversion takes place on account of exigencies of public service, the usual principle is that the juniormost persons among those officiating in clear or long-term vacancies are generally reverted to make room for the senior officers coming back from deputation or from leave, etc. ..... the supreme court has also laid down that when reversion takes place on account of exigencies of public service, the usual principle that should be followed is that the juniormost person should be first reverted unless there are extraordinary circumstances to the contrary. ..... from what has been stated above it is clear that respondents 4 to 17 were junior in service to the petitioner and that there was no blemish in the service records of the petitioner and that he had worked honestly and efficiently. ..... in this connection reference was made in the plaint to a number of assistant directors whose services were not dispensed with even though they were junior to the appellant and did not have as good qualifications as he had. ..... the petitioner also contends that the arbitrary and capricious termination of his service has violated the valuable safeguard guaranteed to him under art. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1962Kant280; AIR1962Mys280
..... :'in exercise of the powers conferred by the proviso to article 309 read with article 313 of the constitution of india, the rajpramukh of mysore is pleased to make the following further amendment to the mysore services regulations namely : in the said regulations in clause (c) of article 294 for the existing note 4, the following note shall be substituted namely : note 4: the age of retirement of trained teachers in the ..... act 37 of 1957) the governor of mysore is pleased to make the following rule, namely : notwithstanding anything contained in note 4 to article 294 of the mysore service regulations (eighth edition), government servants who have been retired from service on the attainment of the age of fifty-five years, during the period between the 7th day of june 1957 and the 28th day of october, 1958 shall be deemed ..... is the interpretation to be placed uon the rule made by the then rajpramukh, it follows that every one of those teachers and government servants specified in that rule had the right to continue in service until he attained the age of fifty-eight years, unless he had an adverse official record or was inefficient in which event it would have been open to the director of the public instruction to ..... mysore, is empowered to order the retirement of teachers, trained and untrained in the non-gazette cadre who have not got a good record of service and who are not upto the mark, at the age of fifty-five years, and in the case of gazetted servants, with the concurrence .....
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