Tag: Service Rules

Supreme Court to Re-examine If Ayurveda, Homeopathy Doctors Should Retire at Same Age as MBBS Doctors
2Jan By The Legal ChamberNo Comments
Supreme Court

Supreme Court to Re-examine If Ayurveda, Homeopathy Doctors Should Retire at Same Age as MBBS Doctors

The Supreme Court has referred to a larger bench the question of whether MBBS (allopathic) and AYUSH (indigenous system) doctors can be treated equally for service conditions like retirement age and pay. The Court noted divergent precedents on whether classification based on educational qualification and differing job functions violates Articles 14 and 16 of the Constitution. Facts Of The Case: The case involves a batch of Special Leave Petitions concerning the service conditions of doctors, specifically whether practitioners of allopathy (MBBS doctors) and those of indigenous systems like Ayurveda, Homeopathy, and Unani (AYUSH doctors) can be treated equally, particularly regarding retirement age. The legal dispute stems from varying retirement ages set by different states for the...
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Can’t Withhold Pension for Not Vacating Govt Quarter: Supreme Court Rules for Employee
13Nov By The Legal ChamberNo Comments
Supreme Court

Can’t Withhold Pension for Not Vacating Govt Quarter: Supreme Court Rules for Employee

This Supreme Court judgment reaffirms that pension and retiral dues are a statutory right, not a bounty, and cannot be withheld by the employer. The Court held that non-vacation of a government residence is not a valid justification for withholding such dues, as the right to pension is distinct from the right to occupation of service accommodation. Facts Of The Case: The respondent, a state government employee since 1980, superannuated on 30th June 2013, but his pension and retiral dues were not sanctioned or paid. Subsequently, the appellant department passed an order quashing his earlier pay revision and refixing his salary to a lower scale. This refixation was challenged and later withdrawn by the department, but the retiral dues remained unpaid, ostensibly because the respondent had ...
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Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed
24Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court’s Mixed Verdict for a Forest Officer :Right Declared, But Promotion Delayed

The Supreme Court ruled that the term "State Forest Service" under the Indian Forest Service (Recruitment) Rules, 1966, refers to the service as a whole, not individual posts. The Court held that once a state service is approved, its substantively appointed gazetted officers, including Forest Range Officers, are eligible for consideration for promotion to the Indian Forest Service. Facts Of The Case: The appellant, P. Maruthi Prasada Rao, was appointed as a Forest Range Officer (FRO) in 2006. In 2021, he petitioned the authorities, arguing that FROs should be considered part of the "State Forest Service" and thus be eligible for promotion to the Indian Forest Service (IFoS) when sufficient numbers of senior officers like Deputy Conservators of Forests (DCFs) and Assistant Conserv...
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Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits
23Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Courts Can’t Reopen Departmental Inquiries; Role is to Check Procedure, Not Merits

This Supreme Court judgment reaffirms the limited scope of judicial review in departmental inquiries. The Supreme Court held that constitutional courts cannot act as appellate authorities to re-examine evidence. Interference is permissible only for procedural illegality, natural justice violations, or manifest perversity, not to reassess the merits of the findings recorded by the disciplinary authority. Facts Of The Case: The respondent, Ramadhar Sao, was employed as a messenger (a Class-IV employee) with the State Bank of India. In 2008, the Bank received complaints alleging he acted as a middleman, taking bribes from customers to facilitate the sanction and disbursement of loans. A chargesheet was issued against him in 2010, accusing him of misconduct for acting as a conduit fo...
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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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