Service -- Fast Track Courts - Additional District Judges - Appointment on ad hoc basis - Entitlement of gratuity - When appellants are entitled to pension, they are obviously entitled to grant of gratuity, as pension includes gratuity as per S.3(m) of 1978 Rules - Appellants thus, entitled to gratuity which may be computed in accordance with 1978 Rules. (Tamil Nadu..........
Service -- Fast Track Courts - Additional District Judges - Appointment on ad hoc basis - Claim of leave encashment - Appellants claiming earned leave to their credit on the date when they retired/relieved - They are clearly entitled to encashment of leave subject to a maximum of 240 days, as they fulfill the criteria as provided u/r 7 of Tamil Nadu Leave Rules...........
Service -- Fast Track Courts - Additional District Judges - Appointment on ad hoc basis - Compensation/compensatory pension - Appellants worked for 10 years and were discontinued due to discontinuation of posts which were held by them - Discontinuation of Fast Track Court cannot be treated as permanent abolition of post - Equity and justice demands that appellants should..........
Service -- Fast Track Courts - Additional District Judges - Appointment on ad hoc basis - Completion of qualifying service - Case of appellants are clearly covered u/r 27(1) proviso of Rules 1978 - According to said Rule, for actual service, period of 1/4th of length of service of appellants is a lessor period, which needs to be added in their service - By addition of..........
Prevention of Corruption Act, 1988, Section 8 -- Illegal gratification - Things essential for offence u/s 8 of the Act viz: (i) there must have been solicitation or receipt of gratification; (ii) such gratification must have been asked for or paid as a motive or reward for inducing a public servant to do an act or do a favour or render some service as stated u/s 8 of the..........
Service -- Post of Assistant Engineer - Appointment without consultation with Uttar Pradesh Public Service Commission (UPPSC) - Regular process was not undertaken in appointment and a stop gap arrangement was made both in terms of promotees and direct appointees - Consultation of UPPSC to the post in case of promotes was mandatory but was not done - This is an irregularity..........
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..........
Service -- Ad hoc promotion - Regularisation of promotions in excess of eligible quota impermissible - When a final seniority list is to be drawn up, a call has to be taken as to the fate of the ad hoc promotions - Having regard to the decades of service they shall not be reverted in the process of implementation of the judgment - Incumbents who have already retired from..........
