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Gujarat High Court Allows Compassionate Appointment with Regular Pay from Date of Appointment, Quashing Fixed Wage Condition. Government Resolution dated 08.05.2006 held inapplicable to compassionate appointments under Article 226 of the Constitution of India.

The petitioner, Alpeshkumar Maheshkumar Shah, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court chall...

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High Court Allows Petition for Compassionate Appointment Seeking Regular Pay Scale from Initial Date. Fixed Pay Appointment Quashed as Unjust Under Pre-2004 Policy; Arrears Restricted to Three Years Prior to Filing Due to Delay.

The dispute arose from a petition filed under Article 226 of the Constitution of India by the petitioner, whose father died in harness on 22 December ...

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Bombay High Court Dismisses Writ Petition Challenging Reversion from Contractual Higher Post to Substantive Lower Post. Officer holding substantive lower post cannot claim right to continue in higher contractual post after expiry of fixed tenure, as contractual appointment does not amount to promotion.

The petitioner, Umesh V. Pawar, was initially appointed as a Junior Engineer (Civil) with M/s. Haffkine Bio-Pharmaceutical Corporation Ltd., a governm...

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Bombay High Court Allows Petition of Untrained Teacher Appointed Against Reserved Post, Quashes Removal for Non-Acquisition of D.Ed. Within Five Years. The court held that the condition to acquire qualification within five years was not applicable to appointment against a reserved post under the MEPS Act.

The petitioner, Miss Sonali Mallikarjun Bedgnur, was appointed as an assistant teacher by respondent no.1, Dnyansampada Shikshan Prasarak Mandal, purs...

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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 Challenging Seniority Determination in Assistant Teacher Cadre. Education Officer's Order Declaring Respondent No.4 as Senior and Entitled to Head Master Post Upheld Under Rule 12 of MEPS Rules, 1981.

The petitioner, Salim Gulab Mulla, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order passed by the Ed...

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Bombay High Court Dismisses Management's Petition in School Termination Case — Termination Without Prior Approval Under Section 5 of M.E.P.S. Act Void. Reinstatement with Continuity Upheld, Back Wages Denied as Employee Did Not Work.

The case involves a challenge by the management of a private school (Shamin Azad Education Society and others) against the judgment of the School Trib...

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Bombay High Court Allows Substitution of Arbitrator in Sports Contract Disputes Under Sections 11 and 15(2) of Arbitration Act. Arbitrator's failure to render award within statutory period and subsequent resignation justified substitution despite respondent's objection.

The judgment concerns a group of arbitration applications filed under Section 11 and Section 15(2) of the Arbitration and Conciliation Act, 1996, by s...