Service -- In service jurisprudence, service rules are liable to prevail - There can be Government resolutions being in consonance with or expounding the rules, but not in conflict with the same...........
Service -- Dispute as to inter se seniority between direct recruits and promotees - Persons selected and appointed by nomination/direct recruits are eligible only after prescribed course of training - Person who successfully completes the training effectively gets the monetary compensation for his training period but period spent on training and other period of probation..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 908 days in filing appeal - Defendants have not chosen to cross-examine PW1 and matter was pending for several years - They were set ex parte and application filed for setting aside ex parte decree is also dismissed - Defendants have only intended to drag on..........
Service -- Post graduate degree obtained from open University without undergoing basic degree course is not valid and thus, not acceptable as requisite qualification for offering candidature...........
Service -- Age of retirement - Challenge as to - Age of retirement was reduced from 60 years to 58 years by Company - Clause 17(7)(iii) of Standing Orders only enables company to continue any employee in service till he or she attains the age of 60 years subject to medical fitness at the end of each year - Said clause does not confer any right on employees to seek..........
Service -- Cancellation of appointment - Involvement in criminal case - Mere acquittal does not entitle an employee to reinstatement in service - Order of cancellation of appointment is proper...........
Service -- Promotion - Annual Confidential Report (ACR) gradings - Un-communicated adverse ACRs may be even with "good" entry, which can be said to be adverse in the context of eligibility for promotion is not be relied upon for consideration of promotion...........
Service -- Promotion - Consideration of four years ACR's from the date of Departmental Promotion Committee (DPC) - Uncommunicated ACRs of two years - Case of petition for promotion be considered afresh after ignoring uncommunicated ACRs of two years after taking into consideration of remaining ACR's of two years...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 9, Rule 13 -- Applications for restoration of suit and setting aside ex parte decree - Guidelines issued to avoid delay in disposal of said applications: (i) At Numbering Stage- Such petitions shall be checked and numbered within a period of three (3) days; (ii) At Notice Stage- After..........
Judicial service -- Appointment of High Court Judge - Benefit of seniority - Services rendered by petitioners as Fast Track Court Judges have not been recognized by Supreme Court for the purpose of seniority except for pensionary and other retrial benefits - Plea raised by petitioners to consider their service rendered as Fast Track Court Judges as a judicial service for..........
