National Scheduled Castes Commission Has No Adjudicatory Role; Only Advisory : Supreme Court Quashes Order In Service Dispute

The NCSC has only been given a limited role, which is recommendatory and not adjudicatory, the Court stated.

Art. 311(2) | Confirmed Public Servant Can't Be Terminated Over Alleged Illegal Appointment Without Inquiry: Supreme Court

The Supreme Court has ruled that a public servant whose service is confirmed cannot be terminated from the office merely because there was an alleged illegality in appointment. The Court said that a termination without holding a departmental inquiry would be violative of Article 311(2) of the Constitution. “Confirmation in service is not a mere administrative formality but it confers upon...

Promotion Does Not Cease To Be Promotion Just Because Employee's Grade Pay Doesn't Change : Supreme Court

The Supreme Court on Thursday held that promotions earned by Railway Guards within the Guard cadre must be counted while determining entitlement under the Modified Assured Career Progression Scheme (MACPS), ruling that employees who have reached the post of Mail/Express Guard are not entitled to further financial upgradations to higher Grade Pays under the scheme.A Bench of Justice Sanjay...

Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains

The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...

Suitability For Promotion Must Be Left To Domain Experts, Courts Cannot Introduce New Methodology: Supreme Court

The Supreme Court has reiterated that when the Statute provides a specific methodology for determining whether a candidate is suitable for promotion or not, then it is impermissible for the Courts to substitute their views to introduce a different methodology or read words that are not there in the provision. A bench of Justice Manoj Misra and Justice Manmohan set aside the concurrent...

Supreme Court Seeks Centre's Response On Plea Challenging Navy Recruitment Rules For Non-Gazetted Group B Officers

The Supreme Court on Friday (July 10) issued notice on a plea filed by the All India Clerks Association challenging the Kerala High Court's judgment upholding the validity of the Ministry of Defence (Navy) Group 'B' (Non-Gazetted) Ministerial Staff Posts Recruitment Rules, 2019, which had enhanced the eligibility criteria for promotion to the post of Office Superintendent from 8 years to...

Employee Who Didn't Inform Employer Of Address Change Can't Raise Plea Of Non-Receipt Of Show-Cause Notice : Supreme Court

The Supreme Court has set aside a Labour Court award directing reinstatement of an employee with back wages, holding that an employee who remained absent without authorization and failed to substantiate claims of being prevented from rejoining duty cannot seek relief on the basis of unverified assertions.The employee contended that the notice never reached him because it was sent to his...