Court : Punjab and Haryana
Reported in : AIR1970P& H112
..... is 'continuance of the posts for the department of forensic medicine at the government medical college patiala for the year 1966-67 (technically new scheme other than plan).it was argued that according to rule 2.46 of the civil service rules, a permanent post is defined as one sanctioned without limit of time and hence the post of professor in the department of forensic medicine was to be treated as permanent post.annexure vii at page 361 of ..... violation of article 15 or article 18 would arise;(iii) that even if no such rules are framed, the guarantee of article 16 of the constitution would not be infringed if the government advertises the post and the conditions of service for appointment thereto and then makes a selection out of all the eligible persons who have submitted their applications for the post. ..... of any statute or statutory rules) have the same been laid down by the executive order of the appropriate authority, every citizen, who is prima facie qualified for any post or public service is entitled to his fundamental right under article 16(1) of the constitution which may in this respect be said to consist of two distinct legal rights, viz. ..... doctors on the educational/research side were unwilling to come over to the directorate for executive and administrative jobs and it would, therefore, be correct and justified to select a director of health services from among the people on the directorate side who are used to and are well in, in practice, with the working of this side. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299
..... universities, primary, secondary and high schools and also other educational institutions which are owned or aided by the state governments and (iv) an establishment in public sector'; section 2 (f) defines 'reservation' to mean, reservation of vacancies in posts and services for scheduled castes/scheduled tribes and other backward classes; section 2(n) defines 'state' to include the government, the legislature and the judiciary of the state of bihar and all local or other authorities within the ..... 1993 of air):the indian constitution, though it does not accept the strict doctrine of separation of powers, provides for an independent judiciary in the states : it constitutes a high court for each state, prescribes the institutional conditions of service of the judges thereof, confers extensive jurisdiction on it to issue writs to keep all tribunals, including in appropriate cases the governments, within bounds and gives to it the power of superintendence over all courts and tribunals in the territory ..... the jurisdiction of the high court by articles 233 and 235, providing for age of superannuation or other retirement benefits to judicial officers, fixing pay scales, 'diversification of cadres may form part of general recruitment and conditions of services falling within the spheres of governor's rule making power under article 309 read with second part of article 235 or may even be made subject-matter of legislation by competent legislature in exercise of its legislative powers under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC787; (1966)IILLJ164SC; [1964]5SCR431
..... to receive from the governments of the dominions and provinces or parts which he is from time to time serving or, as the case may be, which are served by the courts in which he is from time to time a judge, the same conditions of service as respects remuneration, leave and pension, and the same rights as respects disciplinary matters or, as the case may be, as respects the tenure of his office, or rights as similar thereto as changed circumstances may permit, as that person was ..... under s.10 of that act he continued to serve under the government of india and was entitled to receive from the government of india or of the province which he might from time to time be serving the same conditions of service as respects remuneration, leave and pension, and the same rights as respects disciplinary matters or, as the case may be, as respects the tenure of his office, or rights as similar thereto as changed cir- cumstances may permit as he was entitled to ..... the commencement of this constitution to serve under the government of india or of a state shall be entitled to receive from the government of india and the government of the state, which he is from time to time serving, the same conditions of service as respects remuneration, leave and pension, and the same rights as respects disciplinary matters or rights as similar thereto as changed circumstances may permit as that person was entitled to immediately before such commencement. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)
..... are in india under article 309 of the constitution to be performed with respect to not only persons employed in civil capacities but with respect to all persons appointed to public services and posts in connection with the affairs of the union or any state by authorities appointed under or specified in acts made under article 309 or rules made under such ..... any authority subordinate to that by which tie was appointed; (2) the secretary of state in council had the power, unless he provided to the contrary in the rules, to reinstate any person in service who had been dismissed; and(3) if a civil servant appointed by the secretary of state in council thought himself wronged by an order of an official superior in a governor's province and on due ..... provisions in operation at the time of the passing of the government of india act, 1919, whether made by the secretary of state in council or by any other authority, relating to the civil service of the crown in india, were duly made in accordance with the powers in that behalf, and are confirmed, but any such rules or provisions may be revoked, varied or added to by ..... secretary of state in council and shall have effect as so varied or added to, but any such variation or addition shall not adversely affect the pension of any member of the service appointed before the date thereof.nothing in this section or in any rule thereunder shall prejudice the rights to which any person may, or may have, become entitled under the provisions .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001VIAD(SC)179; AIR2001SC3234; 2002(50)BLJR450; [2001(91)FLR626]; JT2001(6)SC368; 2001LabIC3281; 2001(5)SCALE233; (2001)7SCC161; 2001(3)SCT1114(SC); 2001(2)LC1281(SC)
..... or that thereafter the respondent continued to hold the post as probationer while laying down the law, this court observed thus at pages 5-6 (1968 (3) scr 1):'...as in the present case, the service rules fix a certain period of time beyond which the probationary period cannot be extended, and an employee appointed or promoted to a post on probation is allowed to continue in that post ..... expiry of maximum period of three years of probation he must, be deemed to have been confirmed on his post, as such the order of termination was really an order of removal from service by way of punishment without holding any inquiry as such violative of article 31 of the constitution.19. when the matter was brought to this court, appellate order of the high court was confirmed ..... to make appointment may confirm the member in his appointment or if his work or conduct during the period of probation has been in his opinion unsatisfactory he may dispense with his services or may extend his period of probation by such period as he may deem fit or revert him to his former post if he was promoted from some lower post:provided that ..... maximum period of probation, the respondents were automatically confirmed and accordingly the division bench of the high court was justified in quashing the order of termination as after deemed confirmation services of a judicial officer could not have been terminated in the exercise of powers under rule 24 of the rules, but the same could have been terminated only by following .....
Tag this Judgment!Court : Delhi
Reported in : AIR1969Delhi220
..... justiciable.however, the attempt of the learned counsel was that the procedure prescribed in the said rules will apply only when a person like the appellant was sought to be removed from service by way of punishment or penalty and the discharge of the appellant in this case on the ground of physical unfitness was nto by way of penalty or punishment, and consequently, ..... board held at dehra dun on 24-12-1951, and thereforee, the question of grant of further leave did nto arise and it was then for the first time, the appellant learnt that his services had been terminated.according to the appellant, with all his attempts to get a copy of the report of the medical board as to the ailment from which he was said to be suffering ..... of the matter concerning this is the power under which the appellant was asked to appear before the medical board and the power under which his services were terminated.note 1 to article 197(c) of the civil service regulations contains the following sentence:--when an officer applies for repeated grants of medical leave within short intervals, the attention of the medical board should ..... section 240(3) of the government of india act nor article 311 of the constitution of india was available to him and all army personnel whether belonging to the defense services or coming within the phrase 'connected with defense services' hold office at the pleasure of the crown and now at the pleasure of the president, and a suit cannto be brought for infringement of any rules, as .....
Tag this Judgment!Court : Delhi
Reported in : 2003VAD(Delhi)364
..... inquiry on his conduct since the petitioner was only on probation and it was open to the high court to consider whether he was suitable for confirmation or should be discharged from service.in the two cases at hand we find that the administrative committee of the high court took into consideration all the relevant material and thereafter formed an opinion as to the unsuitability ..... the petitioner is that the appraisal of the work of the petitioner, in terms of the guidelines, must be carried out within three months of the expiry of one year of the service of the petitioner and any appraisal thus carried out by the respondents after the expiry of the said period would have no sanctity and no action could be taken against the petitioner ..... catena of cases decided by that court, the only conclusion that follows was that regulation 9 (b) which conferred power on the authority to terminate the services of a permanent and confirmed employee by issuing a notice terminating his services or by making payment in lieu of notice without assigning any reason in the order and without giving any opportunity of hearing to the employee before passing ..... the bench while discharging a temporary government servant on probation sometime inquiry may have to be made only to find out whether the temporary servant on probation should be continued in service or not, and in such an event such government servant will not be entitled to the protection of article 311 as the inquiry was done only to find out the .....
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ538
..... as to their rights as well as encouraging the settlement of disputes through lok adalats;(f) encourage the settlement of disputes by way of negotiations, arbitration and conciliation;(g) undertake and promote research in the filed of legal services with special reference to the need for such services among the poor;(h) to do all things necessary for the purpose of ensuring commitment to the fundamental duties of citizens under part iv-a of the constitution;(i) monitor and evaluate implementation of the legal aid programmes ..... under the provisions of this act;](k) develop, in consultation with the bar council of india, programmes for clinical legal education and promote guidance and supervise the establishment and working of legal services clinics in universities, law colleges and other institutions;(l) take appropriate measures for spreading legal literacy and legal awareness, amongst the people and, in particular, to educate weaker sections of the society about the rights, ..... i am of opinion that the decision in centre for legal research's case cannot be relied upon for the proposition that even after coming into force of the legal service authorities act, the government continues to be the authority competent to recognise voluntary organisations and that despite the legal services authorities act and the formation of the kelsa, the voluntary organisations can insist on the government continuing to provide assistance to them for the purpose of rendering .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1964Guj145; (1964)GLR386
..... with a view to comply with the provisions of rule 55b pf the rules of 1930 which was introduced sometime in 1949, which requires the government even whilst terminating the services of a probationer under the contract of employment to give an opportunity to the person to show cause against such a discharge and not with a view to punish the government ..... the purview of explanation ii, whether the present case would; fall within the purview of clause (2) of article 311 of the constitution by reason of the fact that the termination of the services of petitioner would amount to removal, or whether, even if it does not fall within the purview of clause (2) as aforesaid, the government had committed breach or any statutory rule by reason ..... the meaning of explanation 2 of rule 49; that that rule had a statutory force and even if the termination of the services of petitioner did not amount to removal or dismissal within the meaning of article 311, clause (2), the termination of his services would be removal in breach of the explanation 2 aforesaid and, therefore, petitioner was entitled to proper relief under the extra ..... same time, it is also held definitely that a government servant even on probation is entitled to the constitutional guarantee enshrined in that clause and, if the government servant's services are not terminated under the contract of employment, but, in fact, the government servant is dismissed or removed, then the government servant, though on probation, will be .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1755; 2002(5)WLN269
..... below the rank of a secretary to the governmentas the chairperson and such number of members of such rank as itmay deem fit to review,- (a) the existing staff pattern in any office or establishment employing persons belonging to any public service keeping in view the workload of such office or establishment; and (b) the pay scales, allowances, exgratia payments, bonus, pension, gratuity and other terminal benefits and perquisites applicable to thepost belonging to any establishment keeping in ..... treasury officer or a sub-treasury officer or accounts officer or any other officer or authority who is charged with the responsibility of passing the salary bill from passing the first bill of a person who has been appointed to a public service unless a certificate is issued by the appointing authority to the effect that the appointment has been made in accordance with the provisions of section 7 of the act or if it is an urgent temporary appointment by the sanction of the competent authority ..... within the province of the competence of appointing authority and have continued for long discharging duties required by the employers to be performed in discharge of their official duties and which makes out a case for regulating their services by regularisation in terms of law laid down by the supreme court for giving effect to the guarantees of the constitution, results in negation of the constitutional guarantee by the impugned state act, such an enactment must necessarily be deemed to be .....
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