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West Bengal Judicial Academy
West Bengal Judicial Academy

Supreme Court Judgments on Service related issues

Directions of Supreme Court in the recruitment of staffs in the Subordinate Courts throughout the country to make them transparent and transferable.
Whether High Court Judges, who are appointed from the Bar, on retirement , are entitled for an addition of 10 years to their service for the purpose of their pension.
Difference between TRANSFER ON DEPUTATION and APPOINTMENT ON DEPUTATION.
S.C summarised the principles relating to promotion and upgradation
A person who consciously takes part in the process of selection cannot thereafter turn around and question the method of selection and its outcome
Part-time employees are not entitled to seek regularisation as they are not working against any sanctioned posts
Law relating to compassionate appointments
Compassionate employment cannot be claimed as a matter of right.The court should not stretch the provision on humanitarian grounds
Appointment to post of direct recruit District Judges in unfilled reserved category vacancies by way of promotion from in-service reserved category candidates is found valid by S.C.
Supreme Court's recent judgement about introducing measures in the prevailing Collegium system
Every employer must make sincere endeavour to conclude the departmental inquiry proceedings within a reasonable time by giving priority to such proceedings and as far as possible to be conclude within six months
Well settled sharp distinction between MERIT-CUM-SENIORITY and SENIORITY-CUM-MERIT
Whether the Appellant is entitled to claim pension even though he resigned from service of his own volition
The text of Article 233(2) only prohibits the appointment of a person as a District Judge, if such person is already in the service of either the Union or the State. It does not prohibit the consideration of the candidature of a person who is in the service of the Union or the State. A person who is in the service of either of the Union or the State would still have the option, if selected to join the service as a District Judge or continue with his existing employment. Compelling a person to resign his job even for the purpose of assessing his suitability for appointment as a District Judge, in our opinion, is not permitted either by the text of Art. 233(2) nor contemplated under the scheme of the constitution as it would not serve any constitutionally desirable purpose
Examination malpractices, academic fraud or cheating in the examination is as old as the examination itself. Study made by the educationist has revealed that these malpractices are gradually on the rise across the world and has caused a threat to public trust in reliability and credibility to the system as a whole. These malpractices occur within and outside the examination halls and are perpetrated by the candidates, staff and other external agencies before, during and after the examination. Various kinds of strategies are innovated and then applied to enable the candidate to clear the examination any how. It has, therefore, destroyed the piousness of the examination. With a view to prohibit such activities, State of A.P. had enacted a legislation but it was found inadequate to control such activities. It is, therefore, the collective responsibility of the Government (Central/States), educational bodies/Institutions to ponder over and evolve a uniform policy in a comprehensive manner to firmly deal with such activities in the larger public good. It is hoped that effective remedial steps would be taken in that regard
In several cases, this Court has held that payment of back wages is a discretionary power which has to be exercised by a court keeping in view the facts in their entirety and neither straitjacket formula can be evolved nor a rule of universal application can be laid down in such cases. Thus, reinstatement does not necessarily result in payment of back wages which would be independent of reinstatement. While dealing with the prayer of back wages, factual scenario and the principles of justice, equity and good conscience have to be kept in view by an appropriate court
In State of Haryana v. Vijay Singh, the issue emerged with regard to determination of seniority in the backdrop of ad hoc initial appointment made dehors the seniority rules which were regularised by the State Government. The Court appreciating the fact situation held that ad hoc period would not be counted for the purpose of fixation of seniority
Whether appointment of law officers by the State Governments can be questioned or the process by which such appointments are made, can be assailed on the ground that the same are arbitrary, hence, violative of the provisions of Article 14 of the Constitution of India.
Three advance increments for judicial officers having post-graduate law degree
Writ petition No. 1022 of 1989 All India Judges Association and others Vs. Union of India, Judgement Dt.21.3.2002
Writ Petition No. 1022 of 1989, All India Judges Association and others Vs. Union of India and others Dt. 28.4.2006
Writ Petition No. 1022 of 1989, All India Judges Association Vs. Union of India and others Judgement Dt. 13.11.1991
Malick Mazahar Sultan vs. U.P Public Service Commission
Seniority is a civil right which has an important and vital role to play in one’s service career. Future promotion of a Government servant depends either on strict seniority or on the basis of seniority-cum-merit or merit-cum-seniority etc. Seniority once settled is decisive in the upward march in one’s chosen work or calling and gives certainty and assurance and boosts the morale to do quality work. It in stills confidence, spreads harmony and commands respect among colleagues which is a paramount factor for good and sound administration. If the settled seniority at the instance of one’s junior in service is unsettled, it may generate bitterness, resentment, hostility among the Government servants and the enthusiasm to do quality work might be lost
The reason for such a conclusion
Hence while not delving into effect of judgment in the case of All India Judges’ Association v. Union of India & Ors. and leaving the issue open for decision in an appropriate case as to what is the effect of aforesaid judgment sub silentio accepting the recommendations of Shetty Commission’s Report that there shall be no cut-off marks in viva voce test. The Judicial Service Rules of various High Courts in my view cannot affect the rights of the petitioner which have to be governed by the Rules on which I have already expressed my view that it deliberately did not provide any cut-off marks for the viva voce test and instead provide for preparation of final result by adding the marks of written examination and viva voce test

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