Service Matter AND LABOUR LAWS

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Service matter  - Voluntary retirement – Acceptance not given – Resignation -  Affect . (See Voluntary Retirement). 

Service matter  - Eligibility criteria  - Relaxation of upper age limit -  High Court could not have directed the competent authority to consider for providing such relaxation clause. (See Eligibility)

Service matter  - Notifying of rules  - Non notifying of rules to public at large cannot be the ground to invalidate the notification . (See Rules)

Service Matter and Labour Laws

Click on the links below. Reports at the end of Table.

Appointments

Disciplinary Proceedings

Eligibility

Fraudulent Means

Handicapped Category

Misconduct

Recovery

Rules

Pay Scale

Seniority

Suppression of Facts

Regularisation

Voluntary Retirement

Wages

Appointments

Appointment in judicial service

Service law - Appointment in judicial service - If empanelment creates no right to appointment, equally there can be no arbitrary denial of appointment after empanelment - Selection for appointment to judicial service cancelled due to the character verification report of the police - Appellant has been acquitted of the charge under Sections 363, 366, 34, I.P.C. on 28.10.2004 much before he cleared the examination for appointment in the year 2009 - All the accused were acquitted because the prosecutrix did not support the allegations - The appellant was 21 years of age on the date of occurrence - In his attestation form, he had duly disclosed his prosecution and acquittal - Mere disclosure in an appropriate case may not be sufficient to hold for suitability in employment - Nonetheless the nature of allegations and the conduct in the facts of a case would certainly be a relevant factor - There cannot be any mechanical or rhetorical incantation of moral turpitude, to deny appointment in judicial service simplicitor - Much will depend on the facts of a case - Every individual deserves an opportunity to improve, learn from the past and move ahead in life by self¬improvement - To make past conduct, irrespective of all considerations, an albatross around the neck of the candidate, may not always constitute justice - Undisputed fact that one S, who had been acquitted on 24.11.2009 in Case under Sections 294, 504, 34, IPC, has been appointed - We are not convinced, that in the facts and circumstances of the present case, the appellant could be discriminated and denied appointment arbitrarily when both the appointments were in judicial service, by the same selection procedure, of persons who faced criminal prosecutions and were acquitted - The distinction sought to be drawn by the respondents, that the former was not involved in a case of moral turpitude does not leave us convinced - In the entirety of the facts and circumstances of the case, we are of the considered opinion that the consideration of the candidature of the appellant and its rejection are afflicted by a myopic vision, blurred by the spectacle of what has been described as moral turpitude, reflecting inadequate appreciation and application of facts also, as justice may demand.(2018)2 SCeJ 1479

Appointment in Police - Pendency of criminal case

Service law - Appointment in police - Pendency of criminal case - Acquittal based on compromise - On the date when the candidate had applied, a criminal case was pending against him Disclosure made - Compromise was entered into in the complainant only after an affidavit disclosing such pendency was filed - Even after the disclosure is made by a candidate, the employer would be well within his rights to consider the antecedents and the suitability of the candidate - While so considering, the employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the candidate and whether the acquittal in question was an honourable acquittal or was merely on the ground of benefit of doubt or as a result of composition - Nothing on record to suggest that the decision in rejecting the candidature was in any way actuated by mala fides or suffered on any other count - Candidature rightly rejected. Mohammed Imran v. State of Maharashtra and others (2018)2 SCeJ 1479 - distinguished . (2018)2 SCeJ 175

Appointment based on photo copy of caste certificate

Service Matter - Appointment of “Diploma Engineer Trainee Grade II (Electrical)” - At the time of the interview and the appointment, the appellant had produced photocopy of his Scheduled Caste Certificate to the Corporation and had sought time to produce its original to which the Corporation granted the indulgence - On 03.03.1988 appellant, sent a letter to the Corporation informing them that he belongs a community known as "Konda Reddi" which is a backward (SC) community and that he had approached the concerned Revenue Authorities for obtaining caste certificate in the prescribed form so as to enable him to submit it to the Corporation but the Revenue Authorities informed him that the Department has stopped issuing any such certificate – He, therefore, expressed his inability to produce the original Scheduled Caste Certificate and requested the Corporation to treat him as a candidate belonging to the "General Category" instead of "Reserved Category" in selection process - Punishment order (of “reduction of his rank to a lower stage by two stages in his time scale for a period of 2 years with cumulative effect”) was passed on 30.08.1997 whereas the higher authority exercised his power under Rule 30 of NLC Employees (Control and Appeal) Rules, on 07.07.2010 cancelled punishment order dated 30.08.1997 and substituted by an order declaring the appellant's appointment as null and void – Liable to be set aside as - First, Appellant at the first available opportunity and before joining the duties had sent a letter on 03.03.1988 of his own to the Corporation informing therein that it was not possible for him to produce the original caste certificate because the Revenue Authorities had declined to issue the original caste certificate to him and had on his own requested the Corporation not to treat him as "reserved candidate" but treat him as "general candidate" - In this way, the appellant, did not suppress any information relating to his caste certificate from the Corporation - Second, the Corporation, in these circumstances, had three options; (a) not to appoint the appellant which the Corporation did not opt; (b) to grant some more time to produce the caste certificate or any other material to prove the appellant’s caste which again the Corporation did not opt and (c) to condone the lapse in filing the caste certificate and proceed to consider the appellant's case treating him as a candidate belonging to the general category for selection purpose which the Corporation opted - Third, the Corporation by their express conduct having followed the third option and condoned the lapse by asking the appellant to join the duties, which the appellant did, and later further promoting him to the next higher grade, the issue relating to caste certificate lost its significance - Fourth, the Corporation, in our opinion, had no right to hold any Departmental Enquiry in relation to the issue of appellant's caste certificate because they condoned the issue of caste certificate by allowing the appellant to join the duties and later by promoting him to the next higher grade - Order passed in Departmental enquiry and Punishment order set aside. (2018)2 SCeJournal 1574

Appointment on Compassionate Ground

Service Matter – Appointment on Compassionate Ground – Son of the petitioner was adopted later on after the death of husband of the petitioner, which is not a ground to claim such appointment unless the scheme provides - Application was moved after a long delay and the petitioner has no right much less a legal right to ask for an appointment - However, there is no difference between a son and adopted son adopted after a period of 15 years of death of the deceased employee - Rejection order was never challenged – Even in this petition said order has not been challenged. (2018-1) PUNJAB LAW REPORTER


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