Service -- Appointment of Enquiry Officer in the chargesheet itself - Whether reflects bias on the part of the authority - It may be open for a disciplinary authority to initiate the departmental proceedings on consideration of the reply of an employee but as as an absolute proposition of law it cannot be said that before initiating departmental enquiry or appointing..........
Service -- Seniority - First appointment made by not following the prescribed procedure - Appointment approved later on - Approval means confirmation by the authority which relates back to the date on which appointment was made - Thereafter entire service has to be computed in reckoning the seniority according to the length of continuous officiation...........
Service -- Parity - There can be reasonable classification of the employees for the purpose of appointment or promotion - The concept of equality in the matter of promotion can be predicated only when the promotees are drawn from the same source - If the preferential treatment of one source in relation to the other is based on the differences between the said two sources,..........
Service -- Benefit of compassionate appointment to dependents of departmental workers who sought voluntary retirement on medical grounds if sought within the age limit of 55 years - Request of voluntary retirement and compassionate appointment not interlinked - Letter contained two requests i.e. permission to retire voluntarily on medical grounds and request for..........
Service -- Regularization - Merely because a temporary employee or a casual wage worker is continued for a time beyond the term of his appointment, he would not be entitled to be absorbed in regular service or made permanent, merely on the strength of such continuance, if the original appointment was not made by following a due process of selection as envisaged by the..........
Kerala State and Subordinate Service Rules, 1958, Rule 5 -- Rule 5 Note 3, Kerala State Homeopathy Service, 1989, Rule 3, Table Entry 5 Note 2 - Appointment - Method of appointment - The rule making authority being aware of Note (3) to Rule 5 of the General Rules, chooses to subsequently make a contrary provision in the Special Rules - It is to be inferred that the..........
Delhi Higher Judicial Service Rules, 1970, Rule 10, Constitution of India, 1950, Article 16, 14 -- Appointment to the posts of District Judge - Selection process detailed in the instructions annexed with the application form providing 45% of minimum qualifying marks in the written examination as well as in the interview for Scheduled Castes candidates - Petitioner..........
Ex-servicemen (Re - employment in Central Civil Services and Posts) Rules, 1979, Rule 2(c) -- Ex - serviceman - Recruitment - Application - Sending through proper channel - In this case there is deeming provision which enables a person also in service to be treated as an ex - serviceman and the application through a proper channel does not apply at all - In any event,..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyors - Joint Surveyors - Appointment of successive Surveyors - Insurance Company has not given any cogent reason while appointing the number of Joint Surveyors - No document is on record which justifies the rejection of the report of the various Surveyors - Not the..........
High Court Establishment (Appointment and Conditions of Service) Rules 1973, Rule 18(4), 24 -- Promotion - Experience - Petitioner prematurely retired and subsequently order recalled and he was allowed to join duty - Intervening period ordered to be treated as period spent on duty for all purposes and intents - Petitioner seeking notional promotion on higher post on which..........
