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Delhi High Court held that the cancellation of the respondent’s candidature was not in accordance with law and concurred with the Tribunal’s finding that the rejection of her claim for PwD reservation was unsustainable. Accordingly, the Court upheld the Tribunal’s order setting aside the cancellation and granting consequential reliefs to the respondent.
The Court held that there was nothing on record to suggest that the post of Hindi Instructor is a feeder cadre for the post of Hindi Officer. Therefore, it cannot be said that the respondent was given promotion as Hindi Officer on 1 June 1998. The Court held that the respondent is entitled to 1st, 2nd, 3rd financial upgradation on accomplishment of 30 years of regular service.
The Court held that a railway employee is not entitled to HRA when vacant government quarters, in the entitled category, are available.
The Supreme Court set aside the direction allowing an absentee to appear in the next round of recruitment process.
“Petitioner did not sign the pre-receipts, mandatory for drawing salary, and also did not submit his bank details. The petitioner’s own conduct and non-cooperative attitude contributed to the delay in release of payments.”
“Once, a vacancy under the reserved category does not exist, the candidate cannot be considered against the reserved category vacancy, which, in fact, does not exist.”
In the present case, the petitioner, who was working as Trained Graduate Teacher, was not promoted to the post of Head Master (Junior Wing) formally but had taken over the said post as the vacancy arose due to superannuation.
As per Appendix 3 appended to CCS CCA Rules, the Member Telecommunications Commission is a competent authority to impose major penalties, and the General Manager, Telecommunications, is competent to impose minor penalties.
“This case presents a sad and shocking state of affairs, a disturbing pattern wherein an officer was being repeatedly victimized, not only after his superannuation but also after his death.”
“Tendency to stop the recruitment process of non-SCS category candidates points out towards the greed of the State Civil Service category candidates to grab all the posts meant for State Civil Service and non-SCS category candidates.”
‘The reasoning given for a fresh inquiry was a mere lip service to the requirement of Rule 9(1) and was delightfully left in the realm of conjecture.’
“Initially a writ petition was filed before the High Court in the year 2000 which was transferred to the Tribunal in 2017 and thereafter, it came to be dismissed in 2024, we request the Tribunal to grant priority to hearing of this petition, and expect that the Tribunal shall hear and decide the same within a period of five months”
In nutshell, when the petitioner could not find his place in selection list, he knocked the doors of the Court alleging mala fide at the hands of respondents, which cannot be permitted.
If negligence can be attributed to the appellant, then necessarily the delay which has not been condoned by the Tribunal and affirmed by the High Court deserves to be accepted. However, if no fault can be laid at the doors of the appellant and cause shown is sufficient then we are of the view that both the Tribunal and the High Court were in error in not adopting a liberal approach”.
“The impugned order passed by the Delhi High Court adequately protects the interests of the Federation as all the appointments have been made subject to the outcome of the pending Writ Petition”
The applicants are working in the railway factory i.e. workshop on the post of Operators which resides in factory premises and respondents has not produced any data regarding posts in railway workshop.
The Delhi High Court directed the respondents to consider releasing petitioner’s terminal benefits by taking into account the higher salary which he was drawing during the 14 years when he was working as a Research Officer.
The case was filed, compelled by the absence of communication regarding the outcome of the selection process for the post of Primary Teacher (Music) despite an active participation, whereas other candidates received offers of appointment while keeping her in the dark about the status.
Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation
“The expression “discharge” is of wide import, and it would include “discharge on conclusion of the contractual period”.”