Supreme Court Quarterly Digest On Service Law [Jan - Mar, 2023]

One Rank One Pension (OROP) - Supreme Court extends the time for Centre to disburse pension arrears for ex-servicemen under the OROP scheme. Indian Ex Service Movement v. Union of India, 2023 LiveLaw (SC) 264It is trite law that courts would not prescribe the qualification and/or declare the equivalency of a course. Until and unless rule itself prescribes the equivalency, namely, different courses being treated alike, the courts would not supplement its views or substitute its views to that of expert bodies. Unnikrishnan C.V. v. Union of India, 2023 LiveLaw (SC) 256Challenge to selection process - The criteria for evaluation of a candidate’s performance in an interview may be diverse and some of it may be subjective. However, having submitted to the interview process with no demur or protest, the same cannot be challenged subsequently simply because the candidate’s personal evaluation of his performance was higher than the marks awarded by the panel - Simply because the result of the selection process is not palatable to a candidate, he cannot allege that the process of interview was unfair or that there was some lacuna in the process. Tanvir Singh v. State of J&K, 2023 LiveLaw (SC) 253Central Civil Services (Pension) Rules 1972; Rule 13 - Service rendered as casual / contractual cannot be said to be service rendered on a substantive appointment - Can't be counted towards qualifying services for pensionary benefits - The High Court has materially erred in observing that the contractual service would be qualified as service in a temporary capacity. Director General, Doordarshan Prasar Bharti Corporation v. Magi H. Desai, 2023 LiveLaw (SC) 248Service of Employees in Zilla Parishad should be counted for seniority when ZP has been absorbed by Municipal Corporation. Maharashtra Rajya Padvidhar Prathamik Shikshak v. Pune Municipal Corporation, 2023 LiveLaw (SC) 229Maharashtra Municipal Corporation Act, 1949 - Section 439 read with Clause (5) of Appendix IV - Service of employees in Zilla Parishad (ZP) should be counted for seniority when Zilla Parishad has been absorbed by Municipal Corporation. There is no dispute regarding the fact that Clause 5(c), including its first proviso, occupies this field of law till date. The provision explicitly deals with protection of conditions of service of the officers and servants who were earlier employed in a local authority like a ZP, and who have been subsequently absorbed into a Municipal Corporation. It expressly protects their service rendered by them in the local authority before the appointed day and further provides that it shall be considered as service rendered in the Municipal Corporation itself. Given the existence of this unambiguous provision, the only logical conclusion is that the service rendered by Respondent Nos. 5 to 79 in the ZP has to be treated as service rendered in the PMC. Such service, therefore, has to be counted towards the determination of their seniority as well. (Para 21) Maharashtra Rajya Padvidhar Prathamik Shikshak v. Pune Municipal Corporation, 2023 LiveLaw (SC) 229Pension - Supreme Court holds that the employees of Orissa Khadi and Village Industries Board are not entitled to pension on a par with Government employees - Employees of a body corporate created by the State cannot be treated as State Government employees in all respects. Such a corollary proposition would practically amount to merging of the Board with the State Government - Entitlement of pension will be as per the Regulations of the Board. (Para 16.1) State of Orissa v. Orissa Khadi and Village Industries Board Karmachari Sangh, 2023 LiveLaw (SC) 214Payment for Home Guards - Home Guards working in the State of Odisha are entitled to Duty Allowance as per the minimum amount of pay to which the police personnel in the State is entitled to. It further clarified that the Home Guards shall be entitled to the periodical rise which may be available to the police personnel of the State and the Duty Allowance to be paid to the Home Guards should be periodically increased taking into consideration the minimum of the pay to which the Police personnel of the State are entitled considering periodical increase from time to time. (Para 9, 10) Prakash Kumar Jena v. State of Odisha, 2023 LiveLaw (SC) 213Court can always test the extreme penalty of dismissal from service on the test of proportionality - Poor Line Mazdoor dismissed from service reinstated by Supreme Court invoking Article 142 of the Constitution. Eastern Coalfields Ltd. v Ajit Mondal, 2023 LiveLaw (SC) 209Pension - The right to pensionary benefit is a constitutional right and as such cannot be taken away without proper justification - the grant of pensionary benefits is not a bounty, but a right of the employee, and as such cannot be denied without proper justification. (Para 11 & 12) R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207Labour Disputes - Effective relief can be granted to a worker only ...

Supreme Court Quarterly Digest On Service Law [Jan - Mar, 2023]

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