Supreme Court Annual Digest 2023 - Service Law

28 years after applying, a man got a job in the postal dept at 50 years of age due to the Supreme Court's Order. 2023 LiveLaw (SC) 882A person cannot be deemed to be in service when the first dismissal order is in force. 2023 LiveLaw (SC) 42Absorption - The appellant's claim for absorption as Assistant Teacher in the Higher Secondary Section is not tenable. It observed that the appellant was appointed as a substitute teacher in the pay scale of a primary teacher. In fact, when he filed the first round of proceedings, no plea was raised that he worked as an Assistant Teacher in the Higher Secondary Section. Even before the Tribunal, the argument was only about regularization. Before this Court too, no claim for regularization as Assistant Teacher in the Higher Secondary Section was made. The Screening Committee having considered him, pursuant to the orders of this Court, had thought it fit to absorb him only as a primary teacher; the Screening Committee itself was pursuant to the orders of this Court; the records of his appointment as a substitute teacher admittedly show that he was only appointed as a substitute primary teacher; it is on the completion of three months as substitute primary teacher that he acquired temporary status and on absorption now he became entitled to certain benefits. (Para 29 - 32) 2023 LiveLaw (SC) 806Accused of a heinous offense cannot claim the right to appointment when the acquittal was on the 'benefit of doubt'. (Para 19) 2023 LiveLaw (SC) 810Acquittal in the criminal case - Even though the respondent had truthfully declared that he was involved in a criminal case, on perusing the facts of the said case and the observations made in the judgement, quite clearly, this was not a case of clean acquittal. It is evident from the facts narrated that after the chargesheet was filed, the respondent had arrived at a compromise with the complainant and filed an application under Section 320 of the CrPC, based on which the offence under Section 341 IPC was compounded. As for the remaining offences for which the respondent was charged i.e. Section 354(D) of the IPC and Section 11 (D)/12 of the POCSO Act, they were non compoundable and therefore, the matter was taken to trial. The respondent was acquitted by the trial Court primarily on account of the fact that the complainant did not support the case set up by the prosecution and the other prosecution witnesses had turned hostile. In such circumstances, the respondent's plea that he had been given a clean acquittal in the criminal case, is found to be devoid of merits. (Para 16 & 17) 2023 LiveLaw (SC) 810Acquittal in the criminal case - mere acquittal of the respondent in the criminal case would not automatically entitle him to being declared fit for appointment to the subject post. The State Government has judiciously exercised its discretion after taking note of all the relevant factors 2 relating to the antecedents of the respondent. In such a case, even one criminal case faced by the respondent in which he was ultimately acquitted, apparently on the basis of being extended benefit of doubt, can make him unsuitable for appointment to the post of a Constable. The said decision taken by the State Government is not tainted by any malafides or arbitrariness for the High Court to have interfered therewith. As a result, the judgement passed by the Single Judge is upheld while quashing and setting aside the impugned judgment passed by the Division Bench of the High Court. The appeal is allowed. (Para 19) 2023 LiveLaw (SC) 810Act of regularizing the services of only some employees and not of other entitled employees, is discriminatory and violative of Article 14 of the Constitution of India. The Chief Commissioner of Income Tax had found 65 employees entitled to regularization of employment but only 35 could be regularized, since only 35 posts were available. The Income Tax Department to regularize the services of the remaining entitled employees, from the date on which the services of other 35 employees were regularized, and to pay the back wages and other consequential benefits within a period of six months. (Para 8 & 13) 2023 LiveLaw (SC) 520Allopathy doctors and doctors of indigenous medicine cannot be said to be performing “equal work” so as to be entitled to “equal pay”. 2023 LiveLaw (SC) 350Applicant does not acquire any indefeasible right to be appointed just because he/she has qualified in the selection process. (Para 17) 2023 LiveLaw (SC) 812Appointment cannot be denied citing suppression of material facts when the employer's query was vague in nature. (Para 14) 2023 LiveLaw (SC) 714Appointment in Law Enforcement Agency - The yardstick to be applied in cases where the appointment sought relates to a Law Enforcement Agency, ought to be much more stringent than those applied to a routine vacancy. One must be mindful of the fact that once appointed to such a post, a responsibility would be cast on the respondent of maintaining law and...

Supreme Court Annual Digest 2023 - Service Law

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