Court : Punjab and Haryana
Reported in : AIR1990P& H1
..... issued by the health and family planning department did not make any provision whatever with reference to the period of service already rendered by the health inspectors in the rural institute- in other words, those health inspectors who were absorbed and treated as government servants were regarded as new entrants into government service with effect from 1-4-73 and there was nothing to indicate in the state government order as to why or on what ..... the case of the petitioner therein was that he along with direct recruits formed one class in entry grade 'd' and their condition of service was that seniority was to be reckoned from the date of appointment as train examiner in grade 'd' and promotion to grade 'c was on the basis of seniority-cum-suitability test irrespective of the ..... 1 and 2 were however, continued by the state government from time to time, six months at a time, till the secretary, haryana public service commission, by his letter dated july 8, 1973 addressed to the commissioner and, secretary to the state government of haryana, public works department (irrigation branch) conveyed the approval of the commission to the ad hoc appointment ..... -2 serv lr 223) (punj & har) (supra), the petitioner was senior to respondents 3 to 8 in class iii of punjab education service class iii, in the year 1965 the petitioner and respondents 3 to 8 were appointed in punjabeducation service class ii and in the senioritylist of class ii the petitioner was shown juniorto the said respondents. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1977P& H7
..... form of a charge for holding a formal enquiry, for, when an act constituting misconduct on the part of a probationer is brought to the notice of the master, it is open to the latter either to punish him by holding a formal enquiry or to terminate his services after giving a due consideration to the explanation tendered by the probationer against the allegations levelled against him when the explanation is called for, for the limited purpose of determining whether the probationer should continue ..... and 18-6-1969 issued under the signatures of the chief secretary are void, illegal, unconstitutional and inoperative as alleged and ultra viresof the provisions of articles 234 and 235 of the constitution and haryana civil service (judicial branch) rules, 1951, as not having been issued by competent authority and not on the valid recommendations of the high court (5) whether the order of termination is passed on allegations of criminal misconduct attaching stigma and assailing ..... where it is proposed to terminate the employment of a probationer, whether during or at the end of the period of probation, for any specific fault or on account of the unsatisfactory record or unfavourable reports implying the un-suitability for the service, the probationer shall be apprised of the grounds of such proposal, and given an opportunity to show cause against it, before orders are passed by the authority competent to terminate the appointment.' 14. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H544
..... chief justice and judges of the high court had been reviewing the work and conduct of shri shamsher singh, plaintiff-respondent, with reference to the record of his service, reports of the district and sessions judges, the results of enquiries into complaints against him, the latest annual confidential report received from the district and sessions judge ..... the employment of the proba-tioner whether, during or at the end of the period of probation, for any specific fault or on account of the unsatisfactory record or unfavourable reports implying the unsuitability for the service, the probationer shall be apprised of the grounds of such proposal and given an opportunity to, show cause against it before orders are passed by the authority competent to terminate the appointment it is not the case ..... contention is that in fact it is the state government who is to make the appointment and, therefore, the state government is also competent to remove the person so appointed to the punjab civil service (judicial branch).he contended that in view of the rules of business of the punjab government, 1966, framed by the governor of punjab, it was the chief minister who was competent to dispose ..... found that it was the andhra government which issued a notice to the appellant to show cause as to why he should not be dismissed or removed from service and the state government was found to be a proper authority for the purposes of taking action, under the provisions of article 311 of the constitution in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H279; (1969)ILLJ679P& H
..... if the pensioner is found in departmental or judicial proceedings to have been guilty of grave misconduct, or to have cause a pecuniary loss to government by misconduct or negligence, during his service including service rendered on re-employment after retirement:provided that:--(1) such departmental proceedings, if not instituted while the officer was on duty either before retirement or ' during re-employment --(i) shall not be instituted save ..... in april, 1953; a large number of charges were held proved and on 30-12-1954 he was given a notice to show cause why he should not be compulsorily retired from service, why the period of suspension should not be treated as such leave to which he might be entitled and why the leave allowances due to him, his insurance amount and 50 ..... by such authority and in such place or places as the government may direct and in accordance with the procedure applicable to proceedings on which an order of dismissal from service may be made;(2) such judicial proceedings, if not instituted while the officer was on duty either before retirement or during re-employment, shall have been instituted in accordance with sub-clause ..... made for the purpose of retrieving loss caused to government as a result of negligence or fraud on the part of the pensioner occurring before he had retired from service.in cases where the pensioner does not agree to recovery being made even of sums admittedly due to government, the concluding remarks made under 1(ii) above will also be .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H94; (1965)IILLJ392P& H
..... air 1964 sc 1854 para 13) that :'the mere fact that some kind of preliminary enquiry is held against a temporary servant and following that enquiry the services are dispensed with in accordance with the contract or the specific service rule would not mean that the termination of service amounted to infliction of punishment of dismissal or removal within the meaning of article 311(2) would depend upon facts of each case and the action taken by government which ..... inform itself a person who has been discharged and 'there is no element of punitive proceedings in such an enquiry; the idea in holding such an enquiry is not punish the temporary servant but to just to decide whether he deserves to be continued in services or operating the mind of the authority in terminating the services of a temporary servant does not alter the character of the termination and is not material in determining the said character. ..... and appeal ) rules 1952 which are found in appendix 24 of the punjab civil services rules volume i part ii lay down that:'where it is proposed to terminate the employment of a probationer whether during or at the end of the period of probation for any specific fault or on account of the unsatisfactory record or unfavorable ports implying the unsuitability for the service the probationer shall be apprised of the grounds of such proposal and given and opportunity to show cause against .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIIAD(SC)662; AIR1998SC1601; [1998(79)FLR126]; JT1998(2)SC521; 1998(2)SCALE361; (1998)3SCC444; [1998]2SCR328; 1998(3)SLJ118(SC); (1998)2UPLBEC1109
..... repugnant in the subject or context, the expression-(f): 'service' means the service in which the seniority of the member of the service has to be determined; (g): 'service rules' means the rules made under the proviso to article 309 of the constitution, and where there are no such rules, the executive instructions issued by the government regulating the recruitment and conditions of service of persons appointed to the relevant service; rule 6: where according to the service rules, appointments are to be made only by promotion ..... counsel appearing for the respondents, contending contra, submitted that the interpretation of the high court on rule 3, read with note-1 under rule 3 and also rule 7 of the centralised services rules, was the correct one and so far as the position of seniority is concerned, it must be reckoned on the basis of rule 6 of the u.p. ..... high court was of the view that the post of executive officer (rbo) held by the appellant was not a cadre post in the centralised services rules and he was absorbed in a lower grade when the second respondent was holding a post in the higher grade. ..... 'rule 7(1) notwithstanding anything in rule 28 the seniority of such officers and other employees who are finally absorbed in the service under sub-section (2) of section 5-a of the act shall be determined on the criterion of continuous length of service including the services render in a development authority, nagar mahapalika, nagarpalika or improvement trust on similar posts'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1555; [1982(45)FLR457]; 1982LabIC1793; (1983)ILLJ217SC; 1982(2)SCALE938; (1982)3SCC341; 1982(14)LC835(SC)
..... (3) of article 320 of the constitution, the government excluded from the purview of the commission all appointments made by direct recruitment to any posts in any category at all levels in the state and subordinate services and which were continuing temporarily on august 9, 1979, regarding any of the matters mentioned in clause (3) of article 320 of the constitution of india. ..... set out in the affidavit in opposition filed on behalf of the state that it had become a compelling necessity to regularise services of such temporary servants for peace and harmony in service, we are satisfied that the action of the government was justified and was in consonance with the rules. ..... rule 10(a)(i)(1) provides that where it is necessary in the public interest to fill emergently a vacancy in the post borne on the cadre of a service, class or category and if the filling of such vacancy in accordance with the rules is likely to result in undue delay, the appointing authority may appoint a person temporarily otherwise than in accordance ..... it was urged that even if it be conceded that the government had the power to regularise services in certain circumstances, where the incumbents of the posts were recruited in violation or contravention of statutory rules the services of persons illegally recruited cannot be regularised because if such power is conceded the government would be able to act always in flagrant violation of statutory rules and it would be negation of rule of law and a contravention of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1011; 1996(1)CTC301; (1996)3GLR92; JT1996(1)SC57; 1996(1)KLT169(SC); 1996LabIC919; 1996(1)SCALE85; (1996)3SCC545; [1996]1SCR128; 1996(1)LC626(SC)
..... of partitioning our fellow-men between 'them' and 'us' is gone; a h state and society in which a man of god is known not by the externals - by his appearance, by the rituals he observes, by the religious office he holds, - but by the service he renders to his fellow-men; a state and society in which each of us recognises all our traditions as the common heritage of us all; a state and society in which we shed the dross in religion and perceive the unity and ..... 335 of the constitution mandates that claims of the members of the dalits and tribes shall be taken into consideration in making appointments to services and posts in connection with affairs of the union or of a state consistent with the maintenance of efficiency of administration. ..... would thus be seen that the dalits, tribes and identified backward classes of citizens who are not adequately represented in a service or office under the state are eligible to be considered under article 16(1) read with article 16(4). ..... men in the political, social, economic and cultural life of their country; it hampers the growth of the personality from society and family, making more difficult for the full development of potentialities of women in the service of the respective countries and of humanity.27. ..... employment or appointment to any office under the state, article 16(4) enjoins upon the state to make provision for reservation for these sections which in the opinion of the state are not adequately represented in the services under the state. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC494; 1983LabIC614; (1983)ILLJ410SC; 1983(1)SCALE262; (1983)2SCC217; [1983]2SCR517; 1983(1)SLJ370(SC)
..... it was contended that the government had dissolved all the 21 improvement trusts in the state of punjab by its order dated august 11, 1980 and since the trusts were dissolved, services of executive officers were no longer required because their continuance would inflict an unnecessary burden on the state exchequer and therefore, the state government decided to dispense with the ..... without the name of trust continued, their functions continued, the staff excluding the 11 trust executive officers was retained, and in place of the officers whose services were dispensed with, some other officers were asked to take over their functions and duties, and within a shor t time, the trusts were formally constituted. ..... the court comes to the conclusion that the petitioners had completed the period of probation, yet they would be temporary government servants and their services were dispensed with after giving them salary for one month in lieu of notice and as the trusts no more exists, they atleast cannot be ..... of unfair discrimination is levelled with specificity, or improper motives are imputed to the authority making the impugned order of termination of the service, it is the duty of the authority to dispel that charge by disclosing to the court the reason or motive which impelled it ..... the respondents that period of probation was two years, the fact that on the expiry of one year of service an increment was released, would imply that during the period of one year the work and conduct has not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC429; [1979(38)FLR337]; 1979LabIC146; (1979)ILLJ156SC; (1979)1SCC477; [1979]2SCR458
..... to base our decision on any such speculation, when the appellant, himself, instead of taking any such plea, has, with obdurate persistency stuck to the position that the respondent's service has been terminated without any reason, which comes perilously near to admitting that the power reserved to the employer under the conditions of the employment, has been exercised arbitrarily.28. ..... the respondent was marked off for discharge on the basis of an intelligible differentia having a reasonable nexus with the object of maintaining the efficiency and integrity of the public service, we are constrained to hold, in agreement with the high court, that the impugned order suffers from the vice of unfair discrimination and is violative of articles 14 and 16(1) of the constitution ..... the consistent stand taken by the appellant in the impugned order, in their counter-affidavit and at the time of arguments in the high court was that the service of the respondent has been terminated without any reason, in accordance with the terms and conditions of his service, the appellants should not be allowed to commit a volt face in this special appeal and take up a different ground which was never set up or ..... the manager filed a counter-affidavit stating that the respondent's appointment was purely temporary governed by the conditions in the contract of his service, and was liable to be terminated without notice at any time; that the 1966 rules relied upon by the writ petitioner were not applicable to him .....
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