Service Law and Arrears of Pension : Supreme Court highlights legal principles
Dealing with a case of disability pension, it has been held that "where the State itself, by a conscious policy decision, has determined that arrears of disability pension are payable from a specified cut off date, it is not open to it to subsequently resile and contend that such arrears ought to be confined to a period of three years preceding the claim."
Union of India v. Girish Kumar [2026] GCtR 125 (SC)
Legal Principles of Departmental Enquiry Explained by Supreme Court
"In a departmental enquiry entailing consequences like loss of job which nowadays means loss of livelihood, there must be fair play in action."
K. Rajaiah v. High Court for State of Telangana [2026] GCtR 124 (SC)
Change of State of Members of IPS : Supreme Court Answers the Legal Position
Dealing with case of change of State cadre of member of IPS, it has been held that finality has to be attached to the process of selection. Claim made by member of IPS for change of cadre from State 1 to State 2 was rejected.
Rupesh K. Meena v. Union of India [2026] GCtR 96 (SC)
Service Law and Interpretation of Words : Supreme Court Examines the Controversy on Meaning of Provisions
"Different Ministries of the Government of India cannot assign different meaning to a provision in the Act of Parliament, which otherwise is clearly evident from the plain reading of Section 59 (2) of the Factories Act, 1948".
Union of India v. Heavy Vehicles Factory Employees' Union [2026] GCtR 62 (SC)
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Law to be Applied in Selection of Professors : Supreme Court Answers the Issue
To apply All India Council for Technical Education (Career Advancement Scheme for the Teachers and Other Academic Staff in Technical Institutions) (Degree) Regulations, 2012 to a candidate participating in recruitment for the post of Professors in the Engineering Colleges in the State conducted by the Commission under State Rules framed by the State, would be to stretch the AICTE Regulations beyond its text, context, and purpose.
Gujarat Public Service Commission v. Gnaneshwary Dushyantkumar Shah [2026] GCtR 54 (SC)
Higher Qualification for Government Job : Supreme Court Weighs the Legal Issue
Courts cannot rewrite service rules, determine equivalence of qualifications, or substitute their own assessment for that of the employer. Merely because there is a provision for lateral entry of diplomates in the second year of B. Pharm course, it does not render the degree an in-line higher qualification. A qualification in one stream does not presuppose a qualification in another.
Md. Firoz Mansuri v. The State of Bihar [2026] GCtR 46 (SC)
Reservations and the Legal Effect of Availing Relaxation : Supreme Court Answers and Examines the Issue
It has been held that for allocation of unreserved vacancy to a candidate of reserved category, the selection must be on ‘General Standard’ without availing any ‘Relaxed Standard’ in either eligibility or selection criteria.
Union of India v. G. Kiran [2026] GCtR 13 (SC)
Law Around Retrospective Promotion of Employees : Supreme Court Explains the Legal Aspect
An important Judgment was passed by Hon'ble Supreme Court on 8 March 2022 in CA 517/2017.
In Union of India Vs. Manpreet Singh Poonam [2022] GCtR 1803 (SC), it was observed that a mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion when the vacancies in the promotional post are specifically prescribed under the rules, which also mandate the clearance through a selection process.
Written by
Vishal
Delhi
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"Delay in Disposal of Cases" : Supreme Court Explains the Legal Aspects
An important Judgment has been passed by Hon'ble Supreme Court on 12 August 2013.
It has been commented in Deepali Gundu Surwase v Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) [2013] GCtR 3097 (SC) thus : -
"In a number of cases, the superior Courts have interfered with the award of the primary adjudicatory authority on the premise that finalization of litigation has taken long time ignoring that in majority of cases the parties are not responsible for such delays. Lack of infrastructure and manpower is the principal cause for delay in the disposal of cases. For this the litigants cannot be blamed or penalised. It would amount to grave injustice to an employee or workman if he is denied back wages simply because there is long lapse of time between the termination of his service and finality given to the order of reinstatement. The Courts should bear in mind that in most of these cases, the employer is in an advantageous position vis-à-vis the employee or workman. He can avail the services of best legal brain for prolonging the agony of the sufferer, i.e., the employee or workman, who can ill afford the luxury of spending money on a lawyer with certain amount of fame."
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Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. Reproduction of judgment or publication of judgment unless expressly prohibited by Court according is not an infringement of copyright according to S. 52 (1)(q)(iv) of Copyright Act, 1957.
Compassionate Appointment : Supreme Court Explains the Principles
An important Judgment was passed by Hon'ble Supreme Court on 16 December 2021.
The issue of compassionate appointment was explained in Secretary to the Government, Department of Education (Primary) and Others Vs. Bheemesh alias Bheemappa [2021] GCtR 2890 (SC) thus : -
"If compassionate appointment is one of the conditions of service and is made automatic upon the death of an employee in harness without any kind of scrutiny whatsoever, the same would be treated as a vested right in law. But it is not so. Appointment on compassionate grounds is not automatic, but subject to strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family. Therefore, no one can claim to have a vested right for appointment on compassionate grounds."
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Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.
Article 14 of Constitution of India : Supreme Court Explains the Legal Position
An important Judgment was passed by Hon'ble Supreme Court on 27 January 2012.
On Article 14 of Constitution of India, it has been commented in Arup Das v State of Assam [2012] GCtR 3018 (SC) thus : -
"It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised. The principle behind the said decision is that if that was allowed to be done, such action would be entirely arbitrary and violative of Articles 14 and 16 of the Constitution, since other candidates who had chosen not to apply for the vacant posts which were being sought to be filled, could have also applied if they had known that the other vacancies would also be under consideration for being filled up."
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Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.
Appointment of Judges : Some Legal Issues
An interesting judgment was passed by Hon'ble Supreme Court on 24 January 1975.
On the issue of appointment of Judges, it has been commented at page 14 of High Court of Punjab and Haryana v State of Haryana [1975] GCtR 2828 (SC) thus : -
"When persons are appointed to be District Judges or persons are promoted to be District Judges the act of appointment as well as the act of promotion is complete and nothing more remains to be done. Confirmation of an officer on successful completion of his period of probation is neither a fresh appointment nor completion of appointment. Such a meaning of confirmation would make appointment a continuing process till confirmation. Confirmation of District Judges is vested in the control of the High Court for the reason that if after the appointment of District Judges the Governor will retain control over District Judges ’Until confirmation there will be dual control of District Judges. The High Court in that case would have control over ,confirmed District Judges and the Governor would have control over unconfirmed District Judges. That is not Article 235."
The law is now clear that fixing criteria not in accordance with Constitutional requirements must be struck down.
Written by
Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.
On Compassionate Appointments : Supreme Court's View of March 2023
An interesting Judgment was pronounced by Hon'ble Supreme Court on 3 March 2023.
It has been commented at page 21 and 22 of State of West Bengal v Debabrata Tiwari [2023] GCtR 543 (SC) thus : -
"That a provision for compassionate appointment makes a departure from the general provisions providing for appointment to a post by following a particular procedure of recruitment. Since such a provision enables appointment being made without following the said procedure, it is in the nature of an exception to the general provisions and must be resorted to only in order to achieve the stated objectives, i.e., to enable the family of the deceased to get over the sudden financial crisis.
"Appointment on compassionate grounds is not a source of recruitment. The reason for making such a benevolent scheme by the State or the public sector undertaking is to see that the dependants of the deceased are not deprived of the means of livelihood. It only enables the family of the deceased to get over the sudden financial crisis"
"Compassionate appointment is not a vested right which can be exercised at any time in future. Compassionate employment cannot be claimed or offered after a lapse of time and after the crisis is over."
"That compassionate appointment should be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years."
"In determining as to whether the family is in financial crisis, all relevant aspects must be borne in mind including the income of the family, its liabilities, the terminal benefits if any, received by the family, the age, dependency and marital status of its members, together with the income from any other source."
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Written by
Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.
Joining Police Force and The Legal Issues
An important Judgment was pronounced by Hon'ble Supreme Court on 2 July 2013.
It was commented at page 34,35,36 of Commissioner of Police v Mehar Singh [2013] GCtR 2729 (SC) thus : -
"The police force is a disciplined force. It shoulders the great responsibility of maintaining law and order and public order in society. People repose great faith and confidence in it. It must be worthy of that confidence. A candidate wishing to join the police force must be a person of utmost rectitude. He must have impeccable character and integrity. A person having criminal antecedents will not fit in this category. Even if he is acquitted or discharged in the criminal case, that acquittal or discharge order will have to be examined to see whether he has been completely exonerated in the case because even a possibility of his taking to the life of crimes poses a threat to the discipline of the police force."
"In recent times, the image of the police force is tarnished. Instances of police personnel behaving in a wayward manner by misusing power are in the public domain and are a matter of concern. The reputation of the police force has taken a beating. In such a situation, we would not like to dilute the importance and efficacy of a mechanism like the Screening Committee created by the Delhi Police to ensure that persons who are likely to erode its credibility do not enter the police force."
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Written by
Vishal
Delhi
Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.
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