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Bombay High Court Quashed Rejection of Junior Clerk’s Appointment Proposal and Imposed Costs on Management. Appointment Order Upheld Despite Procedural Irregularities — Court Directed Approval with Cost Penalty on Management

The Court found procedural irregularities in the recruitment process but noted that the appointed candidate was not at fault. Held that the post of J...

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Supreme Court Sets Precedent on Pension Entitlement for Job Contract Employees in Odisha. Addressing Procedural Lapses and Upholding Pension Rights – Supreme Court Intervenes Despite Delay in Appeals.

Acts and Sections Discussed: Constitution of India, Article 14 – Equality before Law Odisha Civil Services (Pension) Rules, 1992 – Rule ...

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Equivalence of Diplomas in Recruitment: Judicial Restraint in Determining Qualification Standards

Supreme Court Upholds Employer’s Discretion in Recognizing Equivalent Qualifications, Reverses High Court’s Technical View on Recruitment ...

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Arbitration Clause Upheld – Bombay High Court Appoints Sole Arbitrator Despite Procedural Objections

Technical Plea on Incorrect Citation of Arbitration and Conciliation Act, 1996 – Rejected – Arbitration Proceedings to Commence Without De...

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Supreme Court Restores Personal Insolvency Proceedings Against Personal Guarantor – High Court’s Judicial Review Set Aside

Interpretation of Insolvency and Bankruptcy Code, 2016 – Limits of High Court’s Jurisdiction Under Article 226 of the Constitution of India The S...

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Reinstatement of Terminated Teacher — Vitiated Inquiry Proceedings — Real Likelihood of Bias — Full Back Wages Awarded — Application of Principles of Natural Justice

High Court upheld the Tribunal’s decision — Confirmed reinstatement of Respondent No.1 — Directed payment of full back wages — Found the inqui...

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Forfeiture of Gratuity – No Conviction Required for Moral Turpitude – Supreme Court Clarifies Legal Position. Termination for misconduct constituting an offence involving moral turpitude permits forfeiture of gratuity even without a criminal conviction.

Conviction Not Necessary for Forfeiture – The Supreme Court overruled the earlier interpretation in C.G. Ajay Babu (2018), holding that Section 4(6)...

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Seniority and Back Wages in Delayed Appointments: High Court Rules on Deemed Date of Appointment for Postal Employees. Bombay High Court Grants Deemed Date of Appointment to Postal Employees, Denies Back Wages to Some Petitioners

Deemed Date of Appointment – Petitioners, who were selected in the same recruitment process but appointed later due to administrative delays, were ...

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Supreme Court Upholds Dissolution of CMJ University Due to Non-Compliance with Statutory Procedures. Chancellor Appointment Without Visitor’s Approval Rendered University Actions Void Ab Initio – Dissolution Order Validated

Major Acts: Chandra Mohan Jha University Act, 2009 (CMJ University Act) – Sections 13, 14, 26, 48. University Grants Commission Act, 1956...

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Supreme Court Upholds Seniority of Temporary AEEs Appointed Before 1994 Act, Quashes High Court’s Decision. Period of Officiating Service Counted for Seniority – Doctrine of Functus Officio Not Applicable to Administrative Decisions

The Supreme Court allowed the appeals, quashed the High Court’s judgment, and upheld the validity of G.O.M. No. 262. The Court held that the period ...