REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 6498 OF 2016 (ARISING OUT OF SLP … Continue reading Service Matter = “Your appointment is temporary for one session from 1.8.96 to 30.4.97 period of one session. Your services are likely to be discontinued by giving one month’s notice on either side.” Order dated 21.07.1997 “Your appointment is on temporary basis upto 30.04.1998. Your services are likely to be discontinued by giving one month’s notice on either side.” – The respondent No. 1 neither challenged the constitutional validity of the Act and nor challenged the termination on the ground of mala fides attributable against any particular authority. The respondent No. 1 was also not able to point out any arbitrariness in the impugned action to enable the High Court to invoke Article 14 of the Constitution for quashing the termination order. In these circumstances, we are of the view that there was no justification for the High Court to hold that the respondent No. 1 was appointed on permanent basis and that termination order was bad in law. The appeal thus succeeds and is allowed. Impugned order is set aside and that of the Tribunal restored. As a result, the writ petition filed by respondent No.1 (employee) stands dismissed and the termination order dated 31.03.1998 is upheld as legal.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10381 OF 2014 VIVEK SINGH …APPELLANT VERSUS STATE … Continue reading Service matter – physically handicapped category along with the necessary certificate. His first preference was for the post of Deputy Collector and second preference was for the post of Trade Tax Officer. The appellant was duly selected and placed at Sl.No.38 in the overall merit list. = The appellant filed a writ petition before the Allahabad High Court praying for appointment on the post of Deputy Collector. However, pending the writ petition, he joined as a Trade Tax Officer in November, 2004.=reservation which must be provided for, as a matter of law has been duly provided by the State which has in fact determined the roster point which was calculated for the number of posts that ought to have been reserved from the year 1997-1998 to 2009-2010 and have accordingly made appointments. It is another matter that the appellant has not been appointed thereto. In any case, we agree with the observation of the High Court that a direction to accommodate the appellant in the selection year 2001-2002 would create difficulties in the seniority of those who have been appointed every year since then, as observed earlier some of the Deputy Collectors who have been appointed may have got promoted. no merit in the appeal
NON REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 90 OF 2015 Y. NAJITHAMOL & … Continue reading Service Matter – whether the appointment of the appellants to the post of Postman is by way of direct recruitment or by promotion.= the selection of Extra Departmental Agents or Gramin Dak Sevaks to the post of Postman under Column 11(2)(ii) of the Recruitment Rules is only by way of direct recruitment and not by way of promotion, the question of whether reservation for candidates belonging to OBC category is allowed becomes easier to answer. It has now been well settled by a nine judge Bench of this Court in the case of Indra Sawhney v. Union of India that reservation for candidates belonging to OBC category is permissible in cases of direct recruitment. In view of the reasoning and conclusions recorded by us as above, the order of the Tribunal as well as the impugned judgment and order of the High Court are set aside. There is no infirmity in the appointment of the appellants to the post of Postman. The Appeals are accordingly allowed. No costs.