Tag: High Court vs Supreme Court

Supreme Court Rules in Favor of Unselected Judge Candidate
Supreme Court

Supreme Court Rules in Favor of Unselected Judge Candidate

The Supreme Court ruled that Rule 8(2) of the Uttar Pradesh Higher Judicial Service Rules, 1975, applies only when the number of eligible candidates is less than the advertised vacancies. Since one recommended candidate was rejected, the next eligible candidate (appellant) should have been appointed instead of carrying forward the vacancy. The Court emphasized strict adherence to statutory rules in judicial appointments, reinforcing that vacancies must be filled from the existing merit list unless rules explicitly permit otherwise. The judgment clarifies that "selected direct recruits available for appointment" includes candidates next in line if recommended candidates are not approved. Facts Of The Case: The case involved Tosh Kumar Sharma, who participated in the 2016 recruitment proce...
Supreme Court Ends Pension Discrimination for Merged Employees: Pension Rights to MPSEB Absorbed Workers
Supreme Court

Supreme Court Ends Pension Discrimination for Merged Employees: Pension Rights to MPSEB Absorbed Workers

The Supreme Court ruled that employees absorbed by MPSEB from cooperative societies are entitled to pension under MPSEB rules, but only from their absorption date (15.03.2002), not their prior society service. Invoking Article 142, it mandated uniform treatment for all absorbed employees, upholding functional integration principles from Panchraj Tiwari (2014) while interpreting "qualifying service" under MP Madhya Pradesh Civil Services (Pension) Rules, 1976. The Court rejected retrospective pension claims for pre-absorption periods as society service wasn’t state-regulated. Facts Of The Case: The case concerns employees of electricity distribution cooperative societies in Madhya Pradesh that were merged with the Madhya Pradesh State Electricity Board (MPSEB) in 2002 due to financial cri...