Court : Supreme Court of India
Reported in : AIR2009SC2229; JT2009(4)SC428; 2009(4)SCALE497; (2009)5SCC108; 2009(3)LC1374(SC); 2009AIRSCW2951
..... every ex-serviceman who was recruited against general (non-reserved) vacancies in the non-technical services, was given an option to accept a reserved vacancy occurring subsequent to his appointment by a circular dated ..... similarly, every ex-serviceman who was recruited against general (non- reserved) vacancies in technical services was also given an option to accept a reserved vacancy occurring subsequent to his appointment by circular dated ..... purporting to exercise option to accept a reserved vacancy and seeking the relief of counting their approved military service for purposes of fixation of pay and seniority was rejected by the chief engineer on 7.10.1992. ..... dated 11.12.1987, the state government applied the instructions contained in the circular dated 23.5.1975 (referred to in para 3 above) to the ex-servicemen appointed against un-reserved posts in technical services with effect from the date the 1985 rules came into force. ..... rule 5 provided that the period of approved military service shall be counted in the case of candidates appointed against reserved vacancies under the rules, for fixation of pay and seniority in that service at the time of first civil appointment against reserved ..... made rules providing for reservation for demobilized armed force personnel in himachal state non-technical services with effect from 28.3.1972 under demobilised armed forces personnel (reservation of vacancies in the himachal state non-technical services) rules, 1972 (`1972 rules' for short). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1343; 1972LabIC668; (1972)ILLJ501SC; (1972)1SCC814; [1972]3SCR606
..... employer shall, during the pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workman concerned in such dispute(a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such proceedings; or(b) by discharging or punishing, whether by dismissal or otherwise, such protected workman,save with the express permission in writing of the authority before which the proceeding is pending. ..... no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the workman,(a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding; or(b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman:provided that no such workman shall ..... or a labour court or tribunal or national tribunal in respect of an industrial dispute, no employer shall,(a) in regard to any matter connected with the dispute, alter, to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise, any workmen concerned in such dispute, save with the express permission .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC2322; 2002(4)AWC2657(SC); JT2002(Suppl1)SC159; 2002LabIC2168; 2002(4)SCALE528; (2002)6SCC127; [2002]3SCR948; 2002(2)SCT1093(SC); 2002(3)SLJ88(SC)
..... is a provision in section 2 of the police act, 1861 that subject to the provisions of the act, the state government shall stipulate the pay and all the conditions of service of members of the subordinate rank of any police force and if the same is read with section 46(2), the state government stands vested with the power to frame rules and it ..... and rules as he shall deem expedient relative to the organisation, classification and distribution of the police-force, the places at which the members of the force shall reside, and the particular services to be performed by them; their inspection, the description of arms, accoutrements and other necessaries to be furnished to them; the collecting and communicating by them of intelligence and information; ..... allowed the grievance of the writ petitioners upon recording of a categorical finding that the selection has caused great injustice to the senior sub-inspector who had a totally unblemished service record - the appellate bench in a very detailed judgment recorded an affirmation to the judgment of the learned single judge though for different set of reasons to wit, that ..... good reason for not doing so, the selection committee is required to meet every year for the purpose of making the selection from amongst the state civil service officers who fulfil the conditions regarding eligibility on the first day of january of the year in which the committee meets and fall within the zone of consideration as prescribed in clause (2) of regulation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(4)AWC3621(SC); 2004(77)DRJ412; [2004(102)FLR819]; JT2004(6)SC104; 2004(6)SCALE271; (2004)10SCC559; 2005(2)SLJ510(SC); (2004)3UPLBEC2376
..... wholly or substantially owned or controlled by the government or in or under a body controlled or financed by the government shall, if such absorption is declared by the government to be in the public interest, be deemed to have retired from service from the date of such absorption and shall be eligible to receive retirement benefits which he may have elected or deemed to have elected, and from such date as may be determined, in accordance with the order of the government ..... fixation of date for grant of retirement benefits to the appellant, rules 37 & 48 read with clause (iv) of the terms of his absorption in the services of the bank become relevant and were rightly relied by the high court to uphold the action of the government and its authorities.10. ..... with regard to the date of payment of pro-rata retirement benefits, the relevant condition of sanctioning his absorption in bank services reads:- '(iv) date of payment of pro-rata retirement benefits -the amounts of pro-rata pension and death-cum-retirement gratuity which will be worked out and intimated to shri subhas sandilya ..... the claim for pro-rata pension from the date of his permanent absorption in bank services that is 09.2.1984, is based on rule 37, as it existed prior to the amendment introduced to ..... the appellant has been granted pro-rata pension under central civil services (pension) rules, 1972 [for short 'pension rules'] with effect 24.4.1996 for the services rendered by him in the army and central industrial security .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1989(Suppl1)SC263; 1989(2)SCALE769; (1989)4SCC689; [1989]Supp1SCR275; 1990(1)SLJ67(SC)
..... anxious consideration to the respective contentions of the parties and after considering the different rules and regulations and also the fact that the ecos and sscos had voluntarily offered their services for the defence of the country during the period of emergency, disagreeing with the high court and the tribunal, we are of the view that no illegality has been committed ..... the country during the period between 1.11.1962 and 10.1.1968, the impugned rules were framed providing for the year of allotment of such officers appointed in the indian police service or in the indian forest service with retrospective effect from the date they would have been appointed at their first or second attempt after the date of joining pre-commission training or the date of ..... in our opinion, is not correct, for clause (a) of rule 2 of the residuary rules provides that the central government may make regulations to regulate any matters relating to conditions of service of persons appointed to an all-india service for which there is no provision in the rules made or deemed to have been made under the act and until such regulations are made such matters shall be regulated in the case ..... the same time, it should be borne in mind that when a particular rule conferring benefits on a particular group of government servants in recognition of their past services in the army, has been in operation for over twenty years, this court will be very slow to interfere with the rule and deprive such group of government .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1767; (1972)ILLJ565SC; (1972)1SCC409; [1972]2SCR799
..... it was held that the december 1960 rules were not i, tended to cover appointments of persons who had been interviewed and recommended for appointment by the public service commission in the month of november, 1960 prior to the making of the rules, it was also held in that case that the absence of rules would not take away the power of the executive government to make ..... to be in charge as principal and thereafter when the respondent was in the month of september, 1958 appointed to officiate as principal which was class i service with effect from 15 february, 1958 the respondent had been on deputation from foreign service and in the affidavit it was stated that it was class iii service to which the respondent belonged and the appointment of the respondent to the post of principal of the school of mines was challenged by the appellant to amount ..... it was also stated before the mysore high court that the matter of regularisation of the respondent in the post was under consideration and the public service commission had agreed to the regularisation and the matter was to be considered by the government and the decision was to be given in that behalf ..... was also contended in the high court, though there was no suggestion in the affidavit or in the return in answer to the petition, that the respondent was a local candidate in service, and, therefore, under rule 8 (27a) of the mysore civil services rules, 1957 the rules would not apply to the respondent and the regularisation was valid.12. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC711; JT1987(4)SC321; 1987(2)SCALE1005; 1987Supp(1)SCC371; 1988(1)LC127(SC)
..... of home affairs that he was not aware as to the implications of indicating the preferences for various services and stated:this mistake on my part may please be condoned and the following order of preference may kindly be accepted:(1) indian administrative service,(2) indian police service,(3) indian customs & central excise service, group a,(4) indian income tax service, group a,(5) indian railway traffic service, group a.the respondent was intimated on 14th august, 1984, by the central government that he was ..... being considered for appointment to the indian police service a central service group a subject to the availability of vacancies in those services, taking into account his ranking in the merit list and ..... the claim with reference to the rules, the the form of application and its contents as also the practice obtaining in the matter of making appointments to the services and held that the central government had the duty and obligation to consider the claim of the respondent for appointment to the indian police service even if he had not indicated his option and the ground of undue hardship had to be considered by the central government. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2403; JT1993(4)SC155; (1993)IILLJ702SC; 1993(3)SCALE77; 1993Supp(3)SCC438; [1993]Supp1SCR100
..... of persons first appointed temporarily if a person, having been appointed temporarily under sub-rule (a) or sub-rule (c) of rule 10 to a post borne on the cadre of any service, class or category or having been appointed to any service, class or category otherwise than in accordance with the rules governing appointment thereto is subsequently appointed to any service, class or category in accordance with the rules, he shall commence his probation from the date of such subsequent appointment or from such earlier date ..... the rule thus states that if a person has been appointed temporarily under rule 10(a) of the said rules to fill an emergent vacancy and is subsequently appointed to the same service in accordance with the rules, he shall commence his probation from the date of such subsequent appointment or from such earlier date as the appointing authority may determine. ..... [prisons] forwarded the said representation to the home secretary of the state government with his own comments and giving a detailed profile of the appellant's service, pointing out in particular that the appellant was initially appointed as a jailor though against a temporary post, and not as a d.p.o. ..... although the government did' not have any doubt with regard to the date from which his services as a jailor were regularised by the order of 1st september, 1976, the subsequent order of 23rd december, 1987 became necessary in view of the decision of the state tribunal on 10th february, 1987 whereby the tribunal had .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC454; [2000(84)FLR364]; JT1999(10)SC12; (2000)ILLJ533SC; 1999(7)SCALE526; [1999]Supp5SCR403; 2000(1)LC235(SC); (2000)1UPLBEC280
..... 5 of the latter rules, it has been observed as under:the effect of this amendment is that on may 1, 1965, as also on june 15, 1971, the date on which the appellant's services were terminated forthwith it was not obligatory to pay to him a sum equivalent to the p amount of his pay and allowances for the period of the notice at the rate at which he was ..... him of a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before the termination of his services or, as the case may be for the period by which such notice falls short of one month.a mere look at the earlier un-amended rules 5 of the latter rules shows, as laid down ..... 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 services 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 ..... notice or as the case may be, for the period by which such notice falls short of one month or any agreed longer period....a mere look at this rule shows that if the service of a temporary government servant has to be terminated forthwith without waiting for one month, then- as laid down by the first proviso to the said rule, concerned government servant has to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3413; [2006(109)FLR648]; JT2006(4)SC118; (2006)IILLJ516SC; RLW2006(2)SC1606; 2006(3)SCALE583; (2006)4SCC132; 2006(3)SLJ145(SC)
..... (such as section 25ff) and technicalities have been complied with, the state must be fair enough to absorb employees on a minimal fairness basis which includes:i) protection to pay scaleii) counting of past service for pensionary benefitsiii) no seniority over new employees in the new organizationiv) equal treatment in future with all employees(c) unconscionable contracts and undertakings are contrary to section 23 of the indian contract act, ..... of the government due to the reduction of posts or abolition of offices therein as measures of economy or on administrative grounds but in whose case the government decides not to terminate their services but to retain them in service by absorption on other posts.a bare perusal of the aforesaid rule clearly demonstrates that the rules are applicable only to the government servants to whom rajasthan ..... surplus personnel have been defined in rule 3(1) as follows:surplus personnel' or 'surplus employee' means the government servant to whom the rajasthan services rules, 1951 apply and who are declared surplus by the government or by the appointing authority, under directions of the government, on their being rendered surplus to the requirements of a particular department ..... giving various directions in the matter of regularisation of contract labour, this court did not direct that the services rendered by the contract labourers with the contractor would be counted for the purpose of grant of retiral benefits .....
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