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Supreme Court Tags Civil Appeals and Transfer Cases on Inter Se Seniority Between Direct Recruit and Promotees in Income Tax Department. Core Question is Whether Seniority of Direct Recruits Should be Based on Date of Appointment or Date of Vacancy.

The Supreme Court of India heard a batch of civil appeals and transfer cases concerning the inter se seniority dispute between direct recruits and pro...

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Supreme Court Dismisses State's Appeal in Service Law Case — Notional Financial Benefits Upheld Despite No Actual Promotion. Rule 54(1)(a) of West Bengal Service Rules Precludes Retrospective Promotion but Notional Benefits Granted Due to Administrative Delay.

The present appeal arises from a judgment of the High Court at Calcutta which upheld an order of the West Bengal Administrative Tribunal directing tha...

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Bombay High Court Upholds School Tribunal's Decision Setting Aside Promotion of Junior NT(C) Candidate and Directing Promotion of Senior SC Candidate to ST Vacancy. Reservation interchangeability between SC and ST categories applied to fill ST vacancy in promotion post.

The case involves two writ petitions challenging a common judgment of the School Tribunal dated 19 April 2018. The Tribunal had set aside the promotio...

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Bombay High Court Allows Assistant Teacher's Writ Petition for Pay Scale Revision and Arrears. Past Service as Shikshan Sevak Counts for Pay Fixation Under Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.

The petitioner, Shekhar P. Deshmukh, was appointed as an Assistant Teacher in the respondent no.4 Junior College on 30th November 1998. His appointmen...

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Bombay High Court Upholds Reinstatement of Lecturer in Service Dispute — Continuous Service and Permanent Status Under Maharashtra Universities Act, 1994. The Court modified back-wages to be limited to the date of the Tribunal's order, not beyond.

The petitioners, Deccan Education Society and the Principals of Willingdon College and Chintamanrao College of Commerce, Sangli, challenged an order o...

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Bombay High Court Dismisses Petition Seeking Disqualification of MLA in Election Law Case — Conviction Does Not Trigger Disqualification Under Section 8(3) of Representation of the People Act, 1951, When Sentence Is Suspended Pending Appeal.

The petitioner, Sanjay Narayanrao Meshram, a citizen of India, filed a writ petition under Article 226 of the Constitution before the Bombay High Cour...

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Bombay High Court Quashes Circular Restricting Carry Forward of Reserved Vacancies in Maharashtra Public Services. Circular dated 27.10.2008 held ultra vires the Maharashtra Act No.VIII of 2004 and Articles 16(4A) and 16(4B) of the Constitution.

The petitioner, Magas Varga Karmachari Adhikari Suraksha Mahasangh, a society, filed a writ petition before the Bombay High Court challenging a circul...

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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 Dismisses Writ Petition Challenging Transfer Order in Electricity Company — Transfer Held to be Administrative Necessity Not Punitive. Petitioner's Allegation of Malafides and Violation of Transfer Policy Not Established as Transfer Was to Same Cadre and Location.

The petitioner, Jitendra Dayaldas Fulwani, was an employee of Maharashtra State Electricity Transmission Company Ltd. (MSETCL) working as a Junior Eng...