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Supreme Court

Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

10 Mar 2022

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

Supreme Court

Supreme Court Allows Appeal of Direct Recruit Assistant Engineers Challenging Seniority List Favoring Compassionate Appointees. Seniority Determination Under Rule 35 of Tamil Nadu State and Subordinate Services Rules, 1955 Must Comply with Articles 14 and 16 of the Constitution, Requiring Reconsideration to Balance Rights of Direct Recruits and Compassionate Appointees.

10 Mar 2022

The dispute arose from a seniority list published by the Tamil Nadu State authorities on 15th April 2004, ranking Assistant Engineers in the Tamil Nad...

Supreme Court

Supreme Court Upholds Employer in Modified Assured Career Progression Scheme Dispute Over Application Date. The Court set aside the Delhi High Court's direction to apply the MACP scheme from 01-01-2006, holding that the scheme's effective date of 01-09-2008 under the office memorandum dated 19-05-2009 was valid, and employees not completing 24 years of service by that date were not entitled to benefits under the superseded ACP scheme.

8 Mar 2022

The Supreme Court addressed a batch of appeals concerning the applicability date of the Modified Assured Career Progression Scheme (MACP) introduced b...

Supreme Court

Supreme Court Allows Secured Creditors' Appeals in SARFAESI Act Case on Appointment of Advocate as Commissioner. The Court held that a District Magistrate or Chief Metropolitan Magistrate can appoint an advocate to take possession of secured assets under Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as an advocate is considered an officer of the court subordinate to the Magistrate.

25 Feb 2022

The dispute centered on the interpretation of Section 14(1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security ...

Supreme Court

Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

7 Feb 2022

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

Supreme Court

Supreme Court Reinstates Premature Retirement Order of Head Constable Under Fundamental Rules and CCS (Pension) Rules. The Court Held That Judicial Review of Compulsory Retirement Is Limited to Mala Fides, Arbitrariness, or Perversity, and Entire Service Record Including Old Adverse Entries and Uncommunicated Remarks Can Be Considered.

4 Feb 2022

The appeal arose from an order of the Delhi High Court that set aside the premature retirement of a Head Constable under Rule 56(j) of the Fundamental...

Supreme Court

Supreme Court Clarifies Legal Standards for Reservation in Promotions for Scheduled Castes and Scheduled Tribes Under Article 16(4-A) of the Constitution. The Court Held That There Is No Fixed Yardstick for Quantifiable Data Showing Inadequacy of Representation, and the State Must Collect Data Based on Cadre as the Unit, with Sampling Methods Permissible, While Affirming the Prospective Operation of M. Nagaraj v. Union of India.

28 Jan 2022

The judgment arose from a batch of cases challenging reservation in promotions for Scheduled Castes and Scheduled Tribes under Article 16(4-A) of the ...

Supreme Court

Supreme Court Allows Appeals in Specific Performance Suit — Agreement to Sell BDA Allotted Site Within Prohibited Period Held Unlawful. Court sets aside decree for specific performance as the agreement violated Rule 18(2) of the Bangalore Development Authority (Allotment of Sites) Rules, 1972, which prohibited alienation for ten years.

18 Jan 2022

The case involves a suit for specific performance of an agreement to sell a site allotted by the Bangalore Development Authority (BDA). The first defe...

Supreme Court

Supreme Court Upholds Retired Employees in Cooperative Bank Pension Dispute - Pension Scheme Cannot Be Unilaterally Discontinued After Employees Have Opted and Availed Benefits Under Punjab State Cooperative Agricultural Development Banks Employees Pension, Family Pension and General Provident Fund Rules, 1989. The Court held that pension is a deferred wage and accrued right, and amendments to service rules under Section 84A(2) of Punjab Cooperative Societies Act, 1961 must be prospective, protecting employees' legitimate expectations.

11 Jan 2022

The dispute arose from the Punjab State Cooperative Agricultural Development Bank Ltd.'s decision to discontinue a pension scheme introduced in 1989 f...

Supreme Court

Supreme Court Allows State's Appeal Against High Court Order Granting Pensionary Benefits to Employees of Autonomous Society. Denial of Pension Does Not Violate Article 14 as Employees of Society Registered Under Societies Registration Act, 1860 Are Not Similarly Situated to Government Employees Under Specific Service Rules Excluding Pension.

10 Jan 2022

The dispute arose from the State of Maharashtra's refusal to extend pensionary benefits to employees of the Water and Land Management Institute (WALMI...

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