Service -- Recruitment - Once a process of recruitment is set in motion, all aspirants are entitled in law to equal treatment - There cannot be different yardsticks for different sets of aspirants - Non-compliance with terms of advertisement/notification is bound to trigger adverse consequences of rejection of aspirant's claimed status by selecting body/appointing..........
Armed service -- Disability pension - Requirement to give reasons by Medical Board is crucial, critical, decisive and necessary for purpose of granting or denying disability pension and it is not a mere formality, but a necessary material on basis of which pension sanctioning authority has to decide about grant or refusal of disability pension - If any action is taken by..........
Service -- Termination of service of an employee on account of reaching age of superannuation in accordance with law or rules regulating conditions of service does not amount to his removal from service within the meaning of Art.311(2) of Constitution...........
Service -- Termination - Misconduct - Employee being bus driver appointed by Corporation was terminated after found guilty of misconduct in rashly and negligently driving the bus of Corporation resulting death of two passengers while several others suffered injuries - MACT categorically held that accident took place because of negligence of lorry driver - Corporation did..........
Service -- Benefit on the ground of parity - Where a citizen aggrieved by an action of government department has approached the Court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to Court...........
Land loser -- Grant of employment - Termination - Appellant given employment as son-in-law of land loser under the prevalent scheme intended for land loser's family member - However, on account of estrangement between appellant and his wife and divorce proceeding initiated by appellant, his father-in-law/land loser made complaints, which led to issuance of charge memo with..........
Service -- Major penalty - No oral evidence whatsoever was recorded by department in support of the charges - Hence, inquiry proceedings conducted against appellant pertaining to charges punishable with major penalty were totally vitiated and non-est in the eyes of law - Order imposing penalty set aside - Appellant thus, entitled to all consequential benefits...........
Service -- Government Order - Effect of - If a Government Order is treated to be in the nature of a clarification of an earlier Government Order, it may be made applicable retrospectively - Conversely, if a subsequent Government Order is held to be a modification/amendment of earlier Government Order, its application would be prospective as retrospective application..........
Service -- Promotion - Sealed cover procedure - Charge sheet against respondent was filed well after the meeting of Departmental Promotion Committee (DPC) was convened - Hence, it could not be said that prosecution for a criminal charge was pending against respondent when DPC was convened - Move on the part of DPC to resort to the sealed cover procedure was unjustified and..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Purchase of flat - Deficiency in service - Flat in question was allotted in favour of respondent and delivery of possession was notified by appellant - However, respondent tried to arrange necessary finance and in the meanwhile flat stood reserved/allotted in favour of one `N' - There is confusion of..........
