Tag: service conditions

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage
11Jun By The Legal ChamberNo Comments
Supreme Court

Big Relief for Mothers: Supreme Court Backs Woman’s Right to Benefit After Remarriage

The Supreme Court ruled that K. Umadevi is entitled to maternity leave under FR 101(a), setting aside the High Court Division Bench's decision. The Court emphasized a purposive and liberal interpretation of maternity benefit provisions, aligning with reproductive rights under Article 21 of the Constitution and international conventions, irrespective of prior children not in the mother's custody or born from a previous marriage. Facts Of The Case: K. Umadevi, the appellant, married A. Suresh in 2006, having two children from this wedlock in 2007 and 2011. Their marriage was dissolved in 2017, and the children remained in the custody of her former husband. In December 2012, she joined government service as an English Teacher in Tamil Nadu. On September 12, 2018, the appellant remarried M...
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Supreme Court Mandates Timely Promotions and Cadre Review for CAPF Officers
11Jun By The Legal ChamberNo Comments
Supreme Court

Supreme Court Mandates Timely Promotions and Cadre Review for CAPF Officers

The Supreme Court affirmed Central Armed Police Forces (CAPFs) as 'Organized Group-A Services,' entitling officers to Non-Functional Financial Upgradation. It directed a six-month cadre review and recruitment rule revision. The Court also suggested progressively reducing IPS deputation posts in CAPFs to address officer stagnation and grievances Facts Of The Case: The case originated from a long-standing grievance of officers belonging to the Central Armed Police Forces (CAPFs) – including CRPF, BSF, SSB, ITBP, and CISF. These officers sought recognition of their services as 'Organized Group-A Services' (OGAS), a crucial classification for ensuring parity with other Group-A services and entitlement to benefits such as Non-Functional Financial Upgradation (NFFU). A primary co...
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Supreme Court Directs Uniform Rules for Court Managers: Mandates Better Pay & Service Conditions for Court Managers
26May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Directs Uniform Rules for Court Managers: Mandates Better Pay & Service Conditions for Court Managers

The Supreme Court directed all High Courts to frame uniform rules for Court Managers within 3 months, adopting Assam's 2018 Rules as a model. It mandated their regularization, Class-II Gazetted status, and career progression, while allowing states to modify rules as needed. The judgment emphasized judicial efficiency and upheld Article 229 & 309 (Constitution) for service conditions. Existing contractual Court Managers must pass a suitability test for regularization, with benefits from their initial appointment date but no arrears. The ruling ensures standardized administrative support to reduce judges' workload and enhance justice delivery. Facts Of The Case: The case originated from multiple Interlocutory Applications (IAs) and a Writ Petition concerning the service conditions of C...
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“Can Employers Enforce a Minimum Service Period” Supreme Court Upholds Employees Must Pay for Premature Resignation
20May By The Legal ChamberNo Comments
Supreme Court

“Can Employers Enforce a Minimum Service Period” Supreme Court Upholds Employees Must Pay for Premature Resignation

The Supreme Court upheld the validity of Vijaya Bank's employment bond clause requiring a minimum 3-year service period or payment of Rs. 2 lakhs for premature resignation. The Court ruled this condition does not violate Section 27 of the Indian Contract Act (restraint of trade) as it applies during employment, nor is it opposed to public policy under Section 23. The judgment clarified that while standard form contracts reflect unequal bargaining power, such terms remain enforceable unless proven unconscionable or unreasonable. The Court recognized the bank's legitimate interest in maintaining workforce stability through such reasonable restrictions. This decision reinforces the distinction between restraints during employment versus post-employment and sets parameters for evaluating liqui...
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