Cadre - Law Dictionary Search Results
Home Dictionary Name: cadre Page: 2Vacancy and grade
Vacancy and grade, the word 'grade' has various shades of meaning in the service jurisprudence. It is sometimes used to denote a pay scale and sometimes a cadre. Whenever, a 'vacancy' arises in a permanent post or in a temporary post it would be a vacancy in the grade of Executive Engineer and the quota rule for promotion would apply, A.K. Subraman v. Union of India, AIR 1975 SC 483 (490): (1975) 1 SCC 319: (1975) 2 SCR 979....
Unreserved
Unreserved, has to be applied to vacancies which do not fall within the reserved categories Scheduled Castes and Scheduled Tribes, Ashok Kumar Sawhney v. Union of India, AIR 1982 SC 795: (1982) 1 SCC 497: (1982) UJ (SC) 148.The word 'unreserved' in R. 6(3) does not include the vacancies reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes who had joined the cadre through open competition, etc., Ashok Kumar Sawhney v. Union of India, (1982) 1 SCC 497: AIR 1982 SC 795 (796). [Released Emergency Commissioned Officers and Short Service Commissioned Officers (Reservation of Vacancies) Rules, 1971, R. 6(3)]...
Recruitment
Recruitment, 'recruitment' according to the dictionary means 'enlist'. It is a comprehensive term and includes any method provided for inducting a person in public service. Appointment, selection, promotion, deputation are all well-known methods of recruitment. Even appointment by transfer is not unknown, K. Narayanan v. State of Karnataka, AIR 1994 SC 55: (1994) Supp 1 SCC 44.The term 'recruitment' connotes and clearly signifies enlistment, acceptance, selection or approval for appointment. Certainly, this is not actual appointment or posting in service. In contradistinction the word 'appointment' means an actual act of posting a person to a particular office, Prafulla Kumar Swain v. Prakash Chandra Misra, (1993) Supp 3 SCC 181.It includes entering into any agreement or other arrangement for recruitment and all its grammatical variations and cognate expressions shall be construed accordingly. [Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, ...
Rank
Rank, refers to a position, especially an official one, within a social organization, of high social order or other standing status, S.C. Advocate-on-Record Asn. v. Union of India, AIR 1994 SC 268.The word 'rank' has both a narrower as well as a wider meaning; in its ordinary sense as meaning grade or status, N.C. Dalwadi v. State of Gujarat,AIR 1987 SC 1933 (1937): (1987) 3 SCC 611: (1987) 3 SCR 640. [Bombay Civil Service Rules, 1959, R. 161(1)(c)(ii)(1)](ii) The expression 'rank', in 'reduction in rank' has, for purpose of Article 311 (2) an obvious reference to the stratification of the posts or grades or categories in the official hierarchy. It does not refer to the mere seniority of the government servant in the same class or grade or category, Nyadar Singh v. Union of India, AIR 1988 SC 1979: (1988) 4 SCC 170: (1988) Supp 2 SCR 546.The expression 'rank' in Art. 311(2) has reference to a person's classification and not his particular place in the same cadre in the hierarchy of the...
Employee
Employee, includes not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they include not only persons employed in the factory but also persons employed in connection with the work of the factory, P.M. Patel and Sons v. Union of India, (1986) 1 SCC 32: AIR 1987 SC 447: (1985) Supp 3 SCR 55.A person who works in the service of another person (the employer) under an express or implied contract of hire under which the employer has the right to control the details of work performance, Black's Law Dictionary, 7th Edn., p. 543.Means a person appointed to or borne on thecadre of staff of the Corporation, other thanperson on deputation. [Employees' State Insurance Corporation (General Provident Fund) Rules, 1995, s. 2(1)(e)]Means any person appointed by the University and includes teachers and other staff of the University, Manipur University Act, 2005, s. 2(k).In relation to the University, means a person other than a teacher or an office...
Pay
Pay, means amount drawn monthly by a govern-ment servant as the pay which has been sanctioned for a post held by him substantially or in an officiating capacity, or to which he is entitled by reason due to his position in a cadre, Gangadhar Uppadhaya v. State of Uttar Pradesh, (1990) 1 UPLBEC 542.Means to pay money is to be distinguished from delivering property. It is a phraseology ordinarily used when speaking of the payment of a debt. To pay money is to pay it in respect of a right which some person has to receive it not to pay over any particular money or hand over in foreign coins, Miller, Ex parte Official Receiver (in re:), (1983) 1 QB 327....
Increment
Increment, an increment is in the same scale while a promotion is from one scale to a higher scale. A promotion from a lower grade to a higher grade, though both the grades may be in the same cadre, is not an increment or increment by way of special promotion, State Bank of India v. Presiding Officer, AIR 1972 SC 2189 (2194): (1972) 3 SCC 595....
Head of department
Head of department, Head of Department for Financial Code and for service rules are not terms of co-extensive connotation and they have different, meaning in different context for purposes of r. 3(2) of the A.P. Ministerial Service Rules, 1961, Dy. Chief Accounts Officer would be the Head of the Department, V.S. Murty v. Deputy Chief Accounts Officer, AIR 1983 SC 403 (407): (1983) 2 SCC 115: (1983) 2 SCR 404. [Andhra Pradesh Ministerial Service Rules, 1961, R. 3(2)]Head of Department, means as defined in Bihar Service Code (The Bihar Water Resources Depart-ment Mufassil Cadre Maintenance Act, 1998)...
Equal pay for equal work
Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...
Cadre
The framework or skeleton upon which a regiment is to be formed the officers of a regiment forming the staff...
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