Service -- Claim of nursing allowance - Nursing Assistants in BSF neither have relevant experience for appointment as Staff Nurse nor they possess any educational qualification for appointment as Staff Nurse - Case of nursing assistants thus, cannot be compared with that of staff nurses as both carry different educational qualification - Nursing assistants not entitled to..........
Service -- Determination of seniority - Seniority is required to be computed from date of actual entry into a particular cadre - However, such principle cannot operate in a case where there is an undisturbed judicial finding that appointments were made on different dates in breach of applicable Rules...........
Service -- Determination of seniority - Selection list per se does not determine seniority as said list is only to contain names of persons who are to be part of a particular cadre...........
Service -- Selection process - Determination of seniority - Direct recruitments and promotees - Selection from both the streams was made from a common recruitment process - Dates of appointment orders of both the streams ought to be treated from a particular date - Appointment orders were issued in breach of provisions of R.17 of Rules applicable, it is thus, not..........
Service -- Removal from service - Petitioner deliberately suppressed the material fact that a criminal case is pending against him at the time of his enrollment in CISF - He having been found to have committed gross misconduct right at threshold of entering into CISF, authorities rightly passed the order of his removal from service after following due process of law and..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons - Process server mentioned the names of two persons who had witnessed the act of refusal to sign the summons - Process server however failed to mention the address of those persons - In such situation, Court has no hesitation to hold that provision of O.5.R.17 CPC is not followed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Non examination of process server by plaintiff - Adverse inference drawn against plaintiff qua the fact that summons were duly served upon the defendant...........
Civil Procedure Code, 1908, Order 5, Rule 19 -- Service of summons - Requisite affidavit not sworn by process server - Report made by Nazir over the summons, does not fulfill the mandatory requirement of O.5.R.19 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ex parte decree - Setting aside - Service of summons - Mandatory provisions of O.5.Rr.17 & 19 CPC not complied with by process server - It cannot be held by any stretch of imagination that this is mere irregularity in the service of summons - Ex parte decree set aside...........
Service -- Dismissal from service - Respondent dismissed from service as per order passed by appointing authority - Though said order was challenged and set aside by Single Bench, but since order of Single Bench was stayed, respondent could not be deemed to have continued in service till he attained the age of superannuation - There is thus, no violation of R.19(3) of..........
