Important Judgments on Service Law

Important Judgments on Service Law

Important Judgments on Service Law

  • The principle of ‘equal pay for equal work’ would be applicable to all the concerned temporary employees, at par with the minimum of the pay-scale of regularly engaged Government employees, holding the same post. State Of Punjab And Ors VERSUS Jagjit Singh And Ors– Decided on -26 October 2016-Equivalent Citation-2017 (1) SCC 148.
  • No writ petition can be entertained for issuance of any writ against any private individual. – Sankaranarayanan VERSUS The Chairman, Tamil Nadu Housing Board & Ors-Supreme Court-Decided on-31January 2019. Appeal (Civil), 7390-­7391 of 2009.
  • Suppression of material information-termination on the ground of pending criminal case-Moral turpitude- Avtar Singh vs Union Of India & Ors. Supreme Court-Decided on-21 July 2016- SPECIAL LEAVE PETITION [C] NO.20525/2011. Equivalent Citation-(2016) 8 SCC 471
  • Suspended employee cannot remain under suspension for indefinite period. Ram Babu Gupta VERSUS State of Rajasthan & Ors.-Rajasthan High Court Jaipur Bench-Decided on 22.12.2016- S.B.CIVIL WRITS NO. 13299 / 2015.
  • Mere non-supply of the inquiry report does not automatically warrant re-instatement of the delinquent employee. Uttarakhand Transport Corpn. Vs. Sukhveer Singh– Supreme Court-Decided on-10 November 2017- CIVIL APPEAL No. 18448 of 2017 (Arising out of Special Leave Petition (Civil) No.4012 of 2017)- Equivalent Citation-(2018) 1 SCC 231.
  • Game of Rules-Introduction of the requirement of the minimum marks for interview, after the entire selection process (consisting of written examination and interview) was completed, would amount to changing the rules of the game after the game was played. Sivanandan C.T. v. High Court of Kerala– Supreme Court-Decided on-14 November 2017- WRIT PETITION (CIVIL) NO. 229 OF 2017-Equivalent Citation-(2018) 1 SCC 239.
  • Forfeiture of gratuity is not automatic on dismissal from service; it is subject to sub-Sections (5) and (6) of Section 4 of The Payment of Gratuity Act, 1972- Union Bank Of India vs C.G. Ajay Babu. Supreme Court- Decided on-14 August 2018-CIVIL APPEAL NO. 8251 OF 2018 (Arising out of S.L.P. (Civil) No. 3852/2017).
  • Employee remained absent without intimation to the department and without preferring any leave application, such absence must be treated as unauthorized absence. Savitribai vs The State of Madhya Pradesh– Decided on-14 September, 2017-Madhya Pradesh High Court- WRIT PETITION NO. 1088 of 2012- Equivalent Citation -2017 SCC OnLine MP 1196.
  • Apex Court had substituted the penalty imposed on the employees, keeping in view the long period of time which had elapsed from the date of imposition of penalty. Jai Bhagwan Vs. Commr. of Police & Ors. Supreme Court- Equivalent Citation-2013 (8) SCALE 392.
  • Court Modified the penalty imposed on the employees, keeping in view the long period of time which had elapsed from the date of imposition of penalty. Punjab National Bank vs. L. Bansal-High Court of Delhi – Latters Patent Appeal No. 173 of 2015- Decided On-20 September 2018.
  • The departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit. –Prem Nath Bali Vs Registrar, High Court of Delhi & Anr.- Supreme Court-Decided on 16 December 2015-CIVIL APPEAL No.958 OF 2010.
  • Recovery of Excess Payment-The excess payment made due to wrong/irregular pay fixation can always be recovered. Chandi Prasad Uniyal and Ors. vs. State of Uttarakhand and Ors. Decided on-17 August 2012- Supreme Court– CIVIL APPEAL NO. 5899 OF 2012 (Arising out of Special Leave Petition (C) No. 30858/2011)- Equivalent citations: AIR 2012 SC 2951.

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Also Read:-IMPORTANT JUDGMENTS ON SECTION 125 CR.P.C

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Bhupendra Sharma

"Bhupendra Sharma is a practicing lawyer at Rajasthan High Court who completed his graduation from the University of Rajasthan. He has pursued his LLM from Acharya Nagarjuna University. He is also a degree holder in Master of Education and Master of Business Administration."