Constitution of India, 1950, Article 14,16 -- Kendriya Vidayalya Sangathan Appointment, Promotion, Seniority Rules, 1971, Rules, 4, 6, 7 and 9 - Regularisation - Ad hoc appointment - As stop gap arrangement on leave vacancies of Primary Teachers - Term of appointment not conferring any right upon them to claim regular appointment - Had such regular vacancies been created..........
Service -- Dismissal from service - Criminal breach of trust - Labour Court allowing reinstatement with full back wages - High Court in writ petition directing reinstatement with stoppage of two increments and holding employee to be disentitled to back wages - No conclusion by High Court that quantum of punishment is disproportionate to the gravity of misconduct - High..........
Service jurisprudence -- Seniority - It may not be a fundamental right, but is a civil right - Infringement of the said civil right would be permissible only if there exists any rules validly framed under a statute and/or the proviso appended to Article 309 of the Constitution of India - It cannot act in a vacuum - Any rule taking away such rights would deserve strict..........
U.P. Non-Technical (Class II) Services (Reservation of Vacancies for Demobilized Officers) Rules, 1973 -- U.P. Non-Technical (Class-II/Group 'B' Services) Appointment of Demobilized Officers Rules, 1980 - Seniority - Respondent had joined Commissioned Service only in the year 1979 - Whether he was selected as a Commissioned Officer or whether he had undergone..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o), Employee's State Insurance Act, 1948, Section 38, 39, 40, 46 -- Medical negligence - ESI dispensary/hospital - Service provided by ESI hospital/dispensary falls within the ambit of service defined in S.2(1)(o) of the Act and Consumer Forum has jurisdiction to adjudicate upon the case...........
Ministry of Works and Housing Deputy Advisory (Training) Recruitment Rules, 1985 -- Columns 7, 8, 10 and 11(2) - Recruitment by promotion - Eligibility - Post of Deputy Advisor (Training) - Respondent holding Degree of Master of Science and post of Departmental Scientific Officer - Not considered for promotion as he was not holding Degree in Civil Engineering or equivalent..........
Punjab Service of Engineers -- Class-II - Promotion - Regularization - Current duty charge - Diploma holder Junior Engineers (outstanding category) to the post of SDO - Held that no such right much less indefeasible right has been accrued to the diploma-holder junior engineers (outstanding category) by virtue of giving CDC to the post of S.D.O. for regularization in the..........
Punjab Service of Engineers -- Punjab Irrigation Department (Group-A) Service Rules, 2004, Rule 10 - Amendment of rules - Promotion - Diploma holder Junior Engineers (outstanding category) to the post of SDO - Held that normal rule is that the vacancy prior to new Rules would be governed by the old Rules and not by the Rules - In the present case the Government has taken..........
Consumer Protection Act, 1986, Section 2(1),(g),2(1),(r) -- Housing - Flat cancellation - Deficiency in service - Unfair trade practice - Cancellation of flat for not depositing registration amount by due date - Representation for revival of cancelled flat rejected - On review revival allowed by imposing some conditions which the appellant-complainant accepted - He cannot..........
Constitution of India, 1950, Article 162,309 -- Service jurisprudence - The words 'regular' or 'regularisation' - They do not connote permanence - Cannot be construed so as to convey an idea of the nature of tenure of appointments - They are terms calculated to condone any procedural irregularities and are meant to cure only such defects as are attributable to methodology..........
