, Rule 2 -- Promotion - Post of Naib Subedar - Creation of intermediate post of Warrant Officer as a result of restructuring exercise - Persons holding post of Havildar would be considered for promotion to the post of Warrant Officer - High Court committed error in postulating that those recruited prior to restructuring exercise and were holding post Of Havildars had..........
Service -- Parity of pay - Only in case of complete similarity in the nature of work, duties, responsibilities and promotion channels, parity of pay scale can be claimed...........
Service -- Promotion - Post of Executive Engineer - Encadrement of respondent to the post of Executive Engineer was rightly held to be illegal by Single Judge for following reasons: (i) Ex-cadre post of Executive Engineer was created only for respondent No.1 and giving him that post when he was much junior to many others; (ii) Board wrongly informed that there were 13..........
Service -- Promotion - Challenged as to - Delay and laches - Fraudulent promotion challenged after 9 years - Fraud vitiates every action and cannot be kept under carpet on the ground that action challenged was belated, particularly when there is a reasonable explanation for such delay - Writ petition challenging promotion held, cannot be dismissed on the ground of delay..........
Service -- Inter Company transfer - Respondent had rendered service on regular basis in Old Company from where respondent was transferred to New Company on personal grounds - Service rendered by respondent in Old Company can be and ought to be taken into account for all other purposes, other than for determination of his seniority in New Company - Respondent seniority in..........
Service -- Annual Confidential Report - Uncommunicated adverse Annual Confidential Reports cannot be relied upon for the purpose of consideration of promotion...........
Service -- Promotion - Selection process - Incumbents in case of promotion are entitled to stake a claim for vacancies available prior to amendment to be filled up as per u, amended rules, which is based on principle of legitimate expectation...........
Service -- Armed service - Promotion policy - It is authority of employer to frame promotion policy for promotion of its officers and employees - When an employer has power to frame policy it has inherent power to change policy from time to time - Any stipulation in policy that policy will be reviewed after 5 years was in no manner a fetter on right of Government to review..........
Service -- Armed service - Promotion - Rank of Brigadier - Non-granting of marks for Ph.D degree in consideration for promotion - Amended promotion policy as applicable to case of appellant restricted the eligibility to Ph.D recognized by Medical Council of India (MCI) - No exception can be taken to amendment by which only those Ph.D degrees are eligible for one mark which..........
Service -- Armed service - Promotion to the rank of Brigadier - Consideration - Claim of allocation of marks on the basis of post Graduate training programme - Two year full time training programme to be eligible for award of one mark required to fulfill essential conditions - Certificate issued in said regard does not indicate that appellant completed full time structure..........