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Supreme Court Dismisses Peon's Claim for Promotion to Tracer Post, Upholds Direct Recruitment Requirement. Post of Tracer Must Be Filled by Direct Recruitment Under Rule 5(1)(e) of Orissa Subordinate Architectural Service Rules, 1979, Not by Promotion from Peon Cadre.

The petitioner, Jyostnamayee Mishra, was appointed as a peon in the Works Department of the State of Odisha in 1978. She sought promotion to the post ...

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Supreme Court Upholds Promote Inspectors in Seniority Dispute Under Central Excise Recruitment Rules. Inter Se Seniority Must Be Fixed Based on 1959 and 1986 Office Memoranda with Quota Rule Compliance, Rejecting High Court's View on Vacancy Register Irrelevance.

The dispute originated from seniority fixation among Inspectors of Central Excise, recruited through direct recruitment and promotion under the Centra...

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Supreme Court Upholds Withdrawal of Inter-Commissionerate Transfers for Inspectors Under Recruitment Rules 2016. Recruitment Rules Made Under Article 309 of the Constitution Prevail Over Executive Instructions, and ICTs Are Not Permissible as They Violate Separate Cadre Identity Under Rule 5.

The dispute arose from a batch of civil appeals filed by Inspectors of the Central Excise and Land Customs or Goods and Services Tax Administration, w...

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Supreme Court Allows Promotee Appeal in Seniority Dispute with Direct Recruits in Income Tax Department — Direct Recruits Not Entitled to Seniority from Vacancy Year When Recruitment Process Not Initiated in That Year.

The Supreme Court allowed the appeal filed by promotees (appellants) against the judgment of the Gujarat High Court which had quashed the seniority li...

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Bombay High Court Allows Writ Petition Challenging Rejection of Approval for Appointment of Peon in Minority Institution. Ban on Recruitment Under Government Resolution Dated 12/02/2015 Not Applicable to Minority Institutions and Where Recruitment Process Had Already Commenced.

The petitioners, Elizabeth Benjamin Joseph (Petitioner No.1) and the institution running the school (Petitioner No.2), challenged the order dated 04/0...

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Bombay High Court Allows Writ Petition Challenging Refusal of Approval for Appointment as Shikshan Sevak Due to Ban on Recruitment — Government Resolution dated 2nd May 2012 Not Applicable to Vacancies Arising Prior to Ban.

The petitioner, Shri Vikram Vilas Mane, filed a Writ Petition under Article 226 of the Constitution of India before the High Court of Judicature at Bo...

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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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Bombay High Court Dismisses Union of India's Writ Petitions Challenging Industrial Tribunal's Award of Reinstatement with Back Wages. Recruitment Ban After Selection Process Completed Does Not Justify Denial of Appointment to Selected Candidates.

The Union of India and the Commander Works Engineer (Naval Works) filed two writ petitions challenging an award of the Industrial Tribunal dated 30th ...

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Bombay High Court Allows Writ Petitions of School Employees Seeking Salary Arrears and Regularization — Held that Employees are Entitled to Salary as per Government Resolutions and Regularization from Date of Initial Appointment.

The judgment concerns three writ petitions filed by employees of aided primary schools in Jalgaon, Maharashtra. The petitioners, including clerks and ...