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Supreme Court Allows Appeals in Service Law Seniority Dispute, Overturning High Court Reliance on Per Incuriam Precedent. Seniority of Assistant Engineers Must Be Counted from Date of Regularization Under Uttar Pradesh Regularisation Rules, 1979 and 1989 Rules, Not from Initial Ad Hoc Appointments.

The Supreme Court of India, in a civil appellate jurisdiction, addressed a group of appeals concerning the seniority determination of Assistant Engine...

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Bombay High Court Dismisses Writ Petition of Daily Wager Challenging Industrial Court's Order on Res Judicata Grounds. Petitioner's claim for permanency and equal pay barred by earlier complaint dismissed for default, but High Court upholds dismissal on ground of abuse of process.

The petitioner, Rajendra Tribhuvandas Navare, a retired daily wager employed with Solapur Municipal Corporation, filed a writ petition challenging the...

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Bombay High Court Upholds Reinstatement of Teacher with Back Wages in Termination Dispute. Termination Without Prior Approval Under Section 5 of MEPS Act Held Illegal.

The case involves two Letters Patent Appeals arising from a common judgment of a Single Judge in Writ Petition No.330/1999. The dispute pertains to th...

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Supreme Court Dismisses Respondent's Claim of Reduction in Rank, Holds Mere Reversion from Officiating Post Not Violative of Article 311(2) of the Constitution of India. The Court distinguished Vaikunthe's case, finding that reversion without permanent bar to promotion does not attract Article 311(2).

The case arose from the Southern Railway where the respondent, S. Raghavendrachar, was originally employed as a Train Examiner in the pay scale of Rs....

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Bombay High Court Allows Teacher's Petition Against Termination for Non-Compliance with Section 5 of MEPS Act, 1977. Termination of Shikshan Sevak without prior approval of Education Officer under Section 5 of MEPS Act is illegal and void.

The petitioner, Ashok Udhav Kothawale, was appointed as a Shikshan Sevak (teacher) at Vasant Vidyalaya, run by respondent No.4 management, after appro...