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Bombay High Court Upholds Direct Recruit Section Officers' Seniority Over Promotees in Maharashtra Secretariat Service. Seniority to be determined from date of substantive appointment, not from date of ad-hoc promotion.

The case involves four writ petitions filed by direct recruit Section Officers and promotee Section Officers of the Maharashtra Secretariat Service, c...

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Supreme Court Upholds Rights of Trafficking Victims, Issues Guidelines for Rescue and Rehabilitation. Court Holds That State Must Take Reasonable Measures to Safeguard Right to Rehabilitation Under Article 21.

This Miscellaneous Application arose from a prior disposed Public Interest Litigation regarding human trafficking. The petitioner sought enforcement o...

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Bombay High Court Dismisses Petition Seeking Permanent Employment from LIC — No Right to Regularisation for Temporary Employees. Petitioner failed to establish any legal right to permanent status or scheme for absorption under Article 226.

The petitioner, Pramod V. Bhatre, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a directio...

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Bombay High Court Allows Writ Petition of Personal Secretaries for Pay Refixation by Merging Special Pay into Basic Pay. The court held that special pay granted for higher responsibilities must be merged upon promotion to a higher post, quashing the state's order denying the benefit.

The petitioners, an association of Personal Assistants, Private Secretaries, and Senior Private Secretaries of the Bombay High Court, along with an in...

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Bombay High Court Quashes Absorption Order Against Minority School in Surplus Employee Case. Religious Minority Status Under Article 30(1) Protects Autonomy in Staff Management — Direction to Absorb Caretaker from Closed School Held Unenforceable.

The petitioners, The Canossa Society (a trust registered under the Bombay Public Trust Act, 1950) and The Canossa Special School, challenged an order ...

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Supreme Court Allows Appeals of Shiksha Karmis in Bias and Natural Justice Conflict. Breach of Audi Alteram Partem Cured by Revisional Hearing Where No Actual Bias Proved Under Section 40(c) of Madhya Pradesh Panchayat Raj Act Avam Gram Swaraj Adhiniyam, 1993.

The case involves four civil appeals arising from a split verdict of the Supreme Court regarding the validity of appointments of Shiksha Karmi (Grade ...

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Supreme Court Allows Appeal of State of Assam Against High Court's Quo Warranto Declaring District Judge Appointment Void. Governor's Promotion of Judicial Officer to Additional District Judge Under Article 233 Upheld as Valid, High Court's Interpretation Rejected.

The Supreme Court of India allowed an appeal by the State of Assam against a judgment of the Assam and Nagaland High Court that had issued a writ of q...

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Bombay High Court Quashes Discharge of District Judge in NSEL Scam Case — Rule 13(4)(ii)(b) of MJS Rules Violates Articles 14 and 311(2) as It Imposes Penalty Without Inquiry. The court held that discharge of a probationer without inquiry is punitive and unconstitutional.

The petitioner, Ajay Ramesh Dinode, was appointed as a District Judge by nomination in August 2014 and posted as Additional District and Sessions Judg...

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Supreme Court Allows Appeals in Seniority Dispute, Quashing High Court Division Bench Judgment. Seniority lists prepared based on date of dispatch of select lists were held arbitrary and contrary to Rule 5 of Uttar Pradesh Government Servants Seniority Rules, 1991, requiring fresh merit-based list.

The dispute arose from seniority lists dated 05.09.2006 and 05.03.2010 for Junior Engineers in the Department of Minor Irrigation, Uttar Pradesh, invo...