Court : Andhra Pradesh
Reported in : 2005(6)ALD408
..... its own motion or otherwise, re-open the case, and after making such enquiry as it deem 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 this sub-rule after the ..... any time by a 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 period of the notice ..... the termination order, passed under rule 5(1) of the central civil services (temporary services) rules, 1965, was upheld, as the order did not cast ..... in such circumstances, this court, held that without putting the petitioners on notice, their services could not be terminated on the ground that they had produced a false domicile certificate and such action was ..... reference is also made to rule 102 of the crpf rules, 1955, whereunder the conditions of service of members of a force, in respect of matters for which no provision is made, shall be the same as are, for the time being, applicable to other officers of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD348; 2000(6)ALT531
..... and the secretary of the petitioner union filed the present writ for mandamus declaring the action of the respondents as illegal and arbitrary in not regularising the services of the daily wage attenders as per the settlement dated 12-5-1993, and for a consequential direction to regularise the services of thepetitioners with effect from may, 1997 with consequential benefits.2. in the affidavit filed in support of the writ petition, it is stated that the andhra state co- ..... further averred that by mistaken impression and misconstruing the provisions of the co-operative societies act and act 2 of 1994, the first respondent bank has not regularized the daily wage attenders who have put in 5 years of service who are eligible for regularisation in terms of settlement dated 12-5-1993 and contended that the said daily wage altenders are entitled for scale of pay of rs ..... . it is further averred that the bank wads initially under a wrong impression that the bank falls within the ambit of section 2(6)(e) but when the matter pertaining to regularization of services of attenders was placed before the board, the nominee of the second respondent has clarified that the bank falls within the ambit of section 2(6)(d) ..... . in particular, whether the high court was right in holding that prescribing a particular date by which the prescribed period of service should have been put in and the further condition that the candidate must have been sponsored by employment exchange, are arbitrary and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(3)ALT474
..... notification for the appointment to the post was issued in 1959 and as the appellant was appointed in 1960 in pursuance of the said notification on the basis of the recommendation by the public service commission, it was held that the order appointing him with effect from 4-1-1957 to the said post was illegal being violative of articles 14 and 16 of the constitution of india inasmuch ..... the rules in the case of special promotion in recognition of conspicuous merit and ability, which is extracted hereunder:'rule 2 (b) (i): promotion to all non-gazetted posts in this service shall be made in accordance with the seniority-cum-fitness provided they pass the tests, undergo training and fulfil all other conditions prescribed in the rules and in the instructions ..... valid and consequently the petitioners shall be entitled to all the benefits on the basis that their services have been validly regularised with effect from their respective dates of temporary promotions in the first instance as ..... others case (3 supra), it has been observed that the government have the discretion to regularise the services of the temporary employees in accordance with the rules either from the date of their temporary appointment or ..... sreenivasa reddy and others (3rd supra) has specifically held that the government had discretion to regularise the services of a temporary employee either with effect from the date of temporary appointment or any subsequent date; and as seen above in the case of direct recruit class-ii .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD142; 2007(1)ALT578; (2007)2LLJ481AP
..... employment to the handicapped persons we commend the government of india to decide the question of providing preference/ reservation to the handicapped in group 'a' and 'b' posts as expeditiously as possible.so far as the claim of visually handicapped for writing the civil services examinations, in braille-script or with the help of scribe, is concerned, we are of the view that their demand is legally justified.the list of category 'a' and 'b' posts, identified as suitable for the visually handicapped by the committee, includes ..... committee/special committees as provided hereinafter in sub-regulation(2) retire, if it is of the opinion that it is in the public interest, an officer employee on or at any time after the completion of 55 years of age or on or at any time after the completion of 30 years of total service as an officer employee or otherwise, whichever is earlierprovided further that before retiring an officer employee, at least three month's notice in writing or an amount equivalent to three months' substantive salary/pay and allowances, shall be given to such officer employee ..... after taking into consideration the fact that the petitioner had not responded positively to the offer made by the bank, vide its resolution dated 2-3-1993, to voluntarily retire from service on medical grounds in which case one of his dependants would have been given employment as per bank's rules, and after carefully going through the facts of the case, the 1st respondent-competent authority .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC252; (1998)3UPLBEC1989
..... of education : or (b) worked as a professor in any university established by law in uttar pradesh or as a principal of any college recognised by or affiliated to such university for a period of not less than ten years ; or (c) worked as a senior officerin the judicial,administrative oreducation service of thestate for a period of notless than ten years ; or (d) worked as a principal of any institution for a period of not less than fifteen years. 20. ..... the composition of commission provided in section 4 that a member shall be a person who occupies or has occupied a position of eminence in judicial service two eminent persons shall be from the state education services, remaining three members could be appointed with teaching experience as professor of university, principal of any college affiliated to the university and the principal of any institution recognised by the u. p ..... . 1997 whereas the state government has taken a decision to amend the uttar pradesh secondary education services commission rules, 1995 : and whereas it is expedient that no selection of candidates be made by the uttar pradesh secondary education services commission on the post of teachers which includes principals and headmasters : now, therefore, in exercise of the powers under section 2 of the uttar pradesh state control over public corporation ..... it was therefore considered necessary to constitute secondary education service commission at the state level to select principals, lecturers, headmasters and l. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC329
..... in such case, the principle of 'last come first go' will apply ; and (ii) where if an order of termination is challenged as arbitrary and mala fide on the ground that person junior to the petitioner has been retained in service, though the work and conduct of the petitioner has been blemishless, in that situation, it is incumbent upon the employee to satisfy the court that the order of termination was founded on clear and definable material and ..... the submission of the learned counsel for the petitioner, in short, was that the employer cannot take the shelter to the stale plea that the services of temporary employee were terminated as they were no longer required by giving him one month's pay in lieu of notice and that the termination order does not cast any aspersion or stigma on the future career of the ..... in the backdrop of the various decisions of the supreme court as well as this court, two propositions of law are well-established--(i) where the services of the temporary employee are terminated by an order simplicitor on the ground that he is not found suitable to be retained in service on account of his unsatisfactory work and conduct, no exception can be taken to such an order of termination and such an action will not be violative of articles 14 and 16 of the constitution, even if junior employees who are hard .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(1)AWC515
..... if a litigant under a bona fide belief has approached the high court under article 226 of the constitution impugning a particular order which otherwise could have been impugned before the public services tribunal also and the writ petition is entertained by the court which comes up for hearing after exchange of affidavits after considerable period of time, compelling the petitioner at such a ..... court again taking into consideration that since no counter-affidavit has been filed, passed an order that the contention of the petitioner is that he has been removed from service without following the principle of natural justice as the enquiry officer although has relied upon the preliminary enquiry report but neither the copy of the report of the preliminary enquiry ..... not to be interfered with by another single judge or judges of larger benches except in review or appeal, if permitted.the lordship further found that the remedy of the public services tribunal was adequate and if the division bench has exercised its jurisdiction in not entertaining thewrit petition on the ground of alternative remedy the exercise of discretion could not be said to be unreasonable.40. ..... of the pleadings and facts and circumstances of that case, the division bench has relegated the petitioner of that writ petition to the remedy of public services tribunal, it does not mean that the division bench judgment debars and excludes the jurisdiction of the high court in entertaining the writ petition where allegedly .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC747
..... maximum amount of leave which can be granted to a judge on full allowances is not to exceed one twenty-fourth of the period of his actual service as laid down in section 5(2), nor the circumstance that the petitioner did not take any step during the tenure of his service to have any portion of the leave due to him on half allowances converted into leave on full allowances has any bearing in calculating the amount to ..... he is not entitled to further retiral benefit of leave encashment as a judge of high court, it was submitted that the judges of higher judicial services who are elevated to the bench are not entitled to encashment of leave at the time of elevation, but the balance of leave at their credit on the date of elevation as high court judge is carried forward to their ..... received by the petitioner as cash equivalent of leave salary in respect of the leave earned by him as a member of the rajasthan higher judicial service while calculating the amount of cash equivalent to leave salary in respect of the leave earned by him as judge of the high court. ..... shall suo motu sanction to a member of the service who retires from the service under sub-rule (1) of rule 16 of the all india services (death-cum-retirement benefits) rules, 1958, the cash equivalent of leave salary inrespect of the period of earned leave at his credit on the date of his retirement, subject to a maximum of (240 days): provided that a member of the service who attained the age of superannuation before the 30th .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(1)AWC853; (1999)1UPLBEC575
..... authorities and after advertising the vacancies and calling the names of candidates from the employment exchange were vitiated because of the non-cornpliance of any substantial provisions embodied in the service rule or for the reason that appointments were not relatable to any vacancy or for any other valid reasons, an opportunity ought to have been proffered to the appointees to ..... that the impugned orders were vitiated for reason that the principle of natural justice and fair-play in state action was not at allobserved by the respondents ; that the termination of services of the petitioner as 'no longer required' was a mere smokescreen for termination actuated by extraneous and political considerations ; and that in the fact-'situation of the case, a reasonable ..... and hence were not liable to be terminated in the manner prescribed for termination of temporary employment ; that the orders terminating the services of the petitioners were issued by the appointing authority at the behest of the transport commission and hence, the exercise of discretion by the appointing authority (regional transport ..... the proposition in no uncertain language that the violation of principles of natural justice is itself a prejudice and as i have taken the view that termination of services of the petitioners in violation of principles of natural justice and without giving due weight to their legitimate expectation, is violative of their fundamental right guaranteed by articles 14 and 21 .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(3)AWC1706; (2001)3UPLBEC2003
..... same do not apply to the present case because in the said case, the selected candidates from the public service commission were not being allowed to join who were running from pillar to post to get a posting while on the other hand, the state government was not terminating the services of the ad hoc appointees and was allowing them to continue because they were either therelations or men of the ..... being regularized are being ousted from the job in an arbitrary manner only with the intention to appoint fresh persons for extraneous considerations, therefore, the impugned orders terminating the services of the petitioners are liable to be quashed and all the petitioners are liable to be regularized in their respective posts with all benefits ..... behalf of the state that since rule 6 as well as rule 31 of the rules were not followed while making appointments, therefore, the services of the petitioners are liable to beterminated has no legs to stand since in the above quoted paragraphs, the contention of the state of u. ..... chart shows that even after adjustment of the petitioners on their respective posts, including those petitioners whose services have already been terminated, some posts in each category still will remain vacant and the promotion quota will ..... onbehalf of the petitioners that ad hoc appointments of the petitioners are statutory in nature and termination of their services by orders dated 24th march, 1998 and 27th march, 1998 is a colourable exercise of power and malice .....
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