Service -- Voluntary Retirement Scheme (VRS) - VRS is contractual in nature and thus treated as invitation to offer - Application submitted by employee pursuant thereto is an offer which does not amount to resignation in praesenti and offer can be withdrawn during validity period but not thereafter...........
Service -- Selection - Post of Principals of PG/Degree colleges - Serious flaws were apparent in the matter of selection made by Commission - Even serious allegations were made against Service Commission - Quashing of selection thus cannot be restricted to individual cases when whole selection process is defective - Moreso, no, joining or resignation of some of candidates..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 101 -- Plaintiff seeking declaration that she is entitled to be paid as per Early Retirement Scheme - Defendant instead of terminating services under coercion forced plaintiff to sign document and considering it as resignation - Failure of plaintiff to adduce evidence showing how ERS Scheme shall be..........
Indian Contract Act, 1872, Section 73, 9 -- Claim for damages - Plaintiff seeking declaration that she is entitled to be paid as per Early Retirement Scheme - Defendant instead of terminating services, under coercion forced plaintiff to sign document and considering it as resignation - Considering that plaintiff served for 28 years and went through mental agony due to..........
Service -- Resignation and voluntary retirement - There is difference between resignation and voluntary retirement - Resignation has the effect of termination of an employee - Voluntary retirement though has the effect of termination of employee yet it has different consequences - In case of resignation ex-employee is not entitled to pension, whereas in case of voluntary..........
Service -- Resignation and voluntary retirement - Claim of pension - Respondent sought voluntary retirement in the year 1990 though it was considered as resignation - There was no specific provision for seeking voluntary retirement under LIC regulations, 1960 at that time - Voluntary Retirement provision was introduced by 1995 Rules u/r 31 of said Rules - Respondent..........
Arbitration and Conciliation Act, 1996, Section 15(2) -- Substitute arbitrator - There is nothing in clause 8 of consent terms that resignation of retired Supreme Court Judge would lead to her vacancy not being supplied - Said clause not indicates that confidence of parties was in only the named arbitrator and in nobody else - Appointment of substitute arbitrator is..........
Service -- Claim of pension - Appellant worked continuously for over 20 years and sought to discontinue his services - Request for waiver for three months notice in writing accepted by respondent corporate - Essential components of R.31 of Pension Rules substantially fulfilled - Appellant ought not be deprived of pension benefits merely because he styled his termination..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Director - Vicarious liability - Before issuance of cheque, Director of a company who resigned from his post of Director and resignation duly accepted by Company vide its resolution passed in the meeting of its Board of Directors and Certificate to this effect also issued by..........
Constitution of India, 1950, Article 16 -- Service Matter - Appointment - Denial - Validity - On Earlier point of time petitioner had resigned from the service due to adverse family circumstances and her resignation was duly accepted by competent authority and nothing adverse was pointed out - On new recruitment Petitioner was fully eligible and competent for joining same..........
