CiteTEXT
...circular can be a substitute of the statutory rules framed with the authority of law. Following any other course would be disastrous inasmuch as it would deprive the security of tenure and right ...R.P Sethi, J.— Leave granted.2. Aggrieved by the recommendations of the Departmental Promotion Committee held on 14-1-1998 and consequential...promotion of Respondent 3 as Deputy Director (Health Services), the appellant filed a writ petition in the High Court mainly on the ground that the respondent promotee did not possess the requisite...
...discriminated by terming them as ad hoc employees thereby denying them security of tenure, benefit of pay scales and other service benefits. They also pointed out that ex-servicemen recruited in Assam Special...or the scheme, they will not be entitled to regularisation nor to the security of tenure and service benefits available to the regular employees. In this background, particularly in view of the...hostile conditions only if they have security of tenure, without having to constantly worry about their future. If the task under the Scheme is perennial, there is no point in executing it as a...
...provide security of tenure for the Governors.55. The Report of the Sarkaria Commission on Centre-State Relations (Vol. 1, Chapter IV) dealt with the role of a Governor and made...the following recommendations with regard to his term of office:“4.7.08…. We recommend that the Governor's tenure of office of five years in a State should not be disturbed except ...against the suggestion for providing security of tenure (Para 4.8.01):Suggestions for security of tenure
Suggestions against security ...
...maximum tenure of ten years. It is not the case of the petitioners that the unamended provisions of the Act, which prescribed total tenure of ten years for a Member of the Bar was/is unco...tenure does not apply to such appointments. The said provision cannot be assailed as arbitrary having effect of jeopardising security of...appointed in the Tribunal and, therefore, the concept of security of tenure of service in respect of those whose term was reduced was not regarded as appropriate. The impugned provision, therefore...
...the appellant.4. In our considered view, the post of Anganbari Sevika is not a post having security of tenure or protection under...and against order of the Commissioner rejecting her appeal has been dismissed by the writ court after holding that order of the Commissioner is in accordance with law and was passed after giving full...Article 311 of Constitution of India. Considering the very nature of engagement which provides for honorarium, we are of the view t...
...-Competence of State Legislature-Constitutional validity--Punjab Security of Land Tenure Act (Punj. X of 1953),as amended by Act XI of 1955, s. 18-Constitution of India, Arts. 14, 19, 31,...con- stitutional validity of the Punjab Security of Land Tenure Act (Punj. X Of 1953), as amended by Act XI of 1955, which sought to "provide for the security of land-...the Punjab Security of Land Tenure Act (Punj. X of 1953) (which will be referred to hereinafter as the Act), as amended by Act XI of 1955. The petitioners are land-owners of the lands affected by ...
...of these appointments which is material only for indicating the extent of security of tenure of the appointee to these offices since in our opinion the main attack to the impugned circular on the...ground of arbitrariness can be upheld even assuming the security of tenure of the appointees to be minimal as claimed for and on behalf of the State of U.P We shall, therefore, only refer...Government Counsel is in the nature of a public employment with the attendant security of tenure of office and the necessary concomitants attaching to it. On the other hand, the learned Additional...
...for the petitioner has raised before us the following contentions:
(i) That the security of tenure guaranteed to the petitioner being a permanent employee of the State under...immediately before the transfer. The expression "conditions of service" has a very wide connotation. Security of tenure of an employee is a very important condition of his service. The circumstanc.... This security of tenure was a part of the conditions of service of the petitioner. This condition of service was continued even after the transfer because of the order ...
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ACT:
University of Saugar Act, 1946--College Code (Ordinance 20)- Affiliated College-Teacher's pay scales and security of tenure-Whether within s...the legal relationship between the affiliated Colleges and University alone. The provisions of the " college Code" relating to the pay scale of teachers and their security of tenure properly fall within...teachers and their security of tenure properly fall within the statutory power of affiliation granted to the University under the Act. It is true that Clause 7 of the Ordinance provides that all...
...circular can be a substitute of the statutory rules framed with the authority of law. Following any other course would be disastrous inasmuch as it would deprive the security of tenure and right ...which an officer is deputed, no recruitment in its true import and significance takes place as he is continued to be a member of the parent service. When the tenure of deputation is specified, despite...unsatisfactory performance. But, even where the tenure is not specified, an order of reversion can be questioned when the same is mala fide. An action taken in a post-haste manner also indicates malice. (See...
...matter where the victim must make out the contrary. Security of tenure is the condition of efficiency of service. The Administration, to be competent, must have servants who are not plagued by...is dubious and violative, in many ways, of FR 56(j)(i).2. The fundamental rules govern the Central Civil Services and ensure the career security which is the sine qua...for mercy, if not justice. Obsession with one's own case and inability to see things in perspective are often a frailty of a party who spends the enormity and anguish of his superannuated leisure on...
...(1997) 6 SCC 50 was a case of tenant who had held possession on 99 years lease and having regard to the security of tenure and the length of ...(1996) 8 SCC 664 where the Court provided for an apportionment of 3:1 between tenant and landlord. The apportionment will depend on the nature of tenancy, the length of tenure of tenancy and the entitlemen...tenure. In this case, having regard to the fact that the appellant's status was at some time recognized to entitle the right of purchase itself, I would assume that the tenancy had a sanction of law entitled to a ...
...“permanent” status on an employee guarantees security of tenure. It is now well settled that the services of a permanent employee, whether employed by the Government, or government company or...S. Saghir Ahmad, J.— Respondent 1 was appointed as an Operator (Trainee) on 13-5-1980 in the petitioner's establishment. On completion of training, she was absorbed on that...post with effect from 13-7-1981 and was confirmed on 13-7-1982. She thus acquired the status of a permanent employee.2. With effect from 7-11-1984, Respondent 1 proceeded, and...
...agreement to the contracting parties inasmuch as the tenants were in a much inferior position. The tenants had no security of tenure, nor any protection against eviction or rack-renting. Bombay Act 29 of 1939...R.S Sarkaria, J.— These appeals by special leave are directed against the common judgment, dated October 5, 1967, of the High Court of Bombay dismissing two writ petitions...filed by the appellants to impugn the orders of Maharashtra Revenue Tribunal. The material facts are these.2. On September 8, 1953, the predecessor of Appellants 1 and 2...
...emphasise that for the efficient administration of the State, it is absolutely essential that permanent public servants should enjoy a sense of security of tenure. The safeguard which Article 311(2) afford...action proposed to be taken in regard to them. A claim for security of tenure does not mean security of tenure for dishonest, corrupt, or inefficient public servants. The claim merely insists that...2. The petitioner was appointed as Assistant Superintendent of Police in the erstwhile Patiala State by His Highness, Maharaja Adhiraj of Patiala on 4th of February, 1942. The...
...(1967) 1 SCR 652, AIR 1967 SC 948 observed that the social and economic upliftment of the labour is absolutely imperative for securing industrial peace....Dalveer Bhandari, J.— The main concept of regularisation in Indian industrial jurisprudence is the subject-matter of adjudication in these civil appeals. We propose to dispose...of both these appeals by this judgment.2. Brief facts which are necessary to dispose of these appeals are recapitulated as under:In these appeals...
..., the Punjab Tenants (Security of Tenure) Act, 1950 (Act No. 22 of 1950) and Punjab Tenants (Security of Tenure) Amendment Act, 1951 (President's Act 5 of 1951). The Act, which a...amended the existing law on the subject, was designed ‘to provide for the security of land tenure and other incidental matters’. As is clear from the preamble, the primary object was the protection...agrarian reform projected by the Act appear to be (a) to impart security of tenure (b) to make the miller the owner, and (c) to trim large land holdings, setting sober ceilings. To convert these political...
...pleasure of the State but in our Republic where the rule of law prevails even pleasure is canalised by rules. Viewed from this perspective security of tenure is a value in itself. In government...V.R Krishna Iyer, J.— Two government servants have been retired from service in exercise of the powers vested in the Central Government by Rule 56(j)(i) of the Fundamental...Rules. They have successfully challenged compulsory retirement by petitions under Article 226 of the Constitution and the Union of India has come up in appeal to this Court by special leave. The sole...
...statutory right in the matter of security of his tenure which has been violated by the impugned order of discharge. Mr. Majmudar has invited my attention to Sub-section (2) of Se...security of tenure for teachers or head masters of private schools run by trusts similarly, Section 45 deals with application of primary education fund. It has got to be read in light of Section 4.... Majmudar has invited my attention makes it clear that they do not have any application to matters relating to security of tenure fort archers and headmasters of private schools run by trusts. It is...
...assured security of tenure. But this would require one precondition that the initial entry of such an employee must be made against an available sanctioned vacancy by following the rules and...regularised and security of tenure may be made available to the incumbent concerned. But even in such a case the initial entry must not be found to be totally illegal or in blatant disregard of all the...Dr. Arijit Pasayat, J.— Leave granted.2. Challenge in this appeal is to the order passed by a Division Bench of the Jharkhand High Court dismissing...