Service -- Re-evaluation of answer sheets - Inter-se seniority - Once on re-evaluation, marks are increased respective candidates whose marks are increased will have to be placed at appropriate place in merit list - Non-grant of seniority based on revised marks would render the process of re-evaluation redundant - Candidates whose marks had been increased shall be..........
Preventive detention -- Arrest intimation through Short Service Message (SMS) hampers constitutional safeguard of effective representation - Proper intimation has to be given to detenu and detenu must know reason for his arrest - Preventive detention order set aside...........
Service -- Pensionary benefits - Right of Lien with State Government - Government servant's lien to a post stands terminated on his acquiring a lien on a permanent post which is outside the cadre post as per Rules applicable - Therefore, once the respondents were permanently absorbed and became an employee of Dairy Development Corporation/Milk Federation Unions, they..........
Service -- Promotional post - Wrong fixation of pay to post in transferee University - Employee transferred to another University shall rank junior most in the entry grade of category concerned, as per policy provided for inter-university transfers - Previous service is not to be counted towards seniority - Only protection given is regarding pay drawn by such employee -..........
Service -- Recovery of benefits given at the time of promotion - Appellants who were given the benefits are retired from service - Recoveries sought to be made from appellants, though they were not at fault in grant of those benefits at the time of promotion - No recovery of amount already paid to appellants therefore, be effected - However, their pension can be re-fixed..........
Service -- Revised pay scale - Petitioners were appointed in 2007 - Addition of 2% hike in pay shall be paid irrespective of whether as on date i.e 1.4.2003 petitioners were on service or not - However, while sanctioning 2% hike in pay appropriate target was required to be fixed and accordingly their sanction from management for said proposal was required to be obtained -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Refusal to accept summons - In such scenario, it is incumbent upon process server to affix the notice as provided U.O.5.R.17 CPC and in absence of such affixture it has to be presumed that they were not served at all - If affixture is not made by..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree cannot be set aside on the ground of irregularity in service of summons, if Court is satisfied that defendant had notice of date of hearing and had sufficient time to appear in Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Advocates/Bar Associations -- Redressal of grievances of Advocates/Bar Associations - Constitution of Grievance Redressal Committees - Directions issued viz. (i) No member of Bar can go on strike and/or abstain himself from Court working; (ii) If the member of Bar has any genuine grievance or difficulty being faced because of procedural changes in filing/listing of..........
