Search By Topic: Service Matters

151. (P&H HC) 12-05-2023

A. Policy of Recruitment to Group ‘C’ and ‘D’ for Common Eligibility Test-2022 -- Common Eligibility Test (CET) -- In the policy dt. 05.05.2022, the Common Eligibility Test was introduced to simplify and standardize the recruitment process for Government employment to Group-C posts and Group-D posts -- Consideration of all candidates who have obtained minimum marks in the CET for the skilled test and/or written test would have the effect of relegating the meritorious candidates, and would result in failure of the very objective of the policy particularly when large number of candidates in lakhs appeared for the CET and a substantial number of them had qualified in the CET written examination to the tune of 2,92,000 for the posts in question – Held, clause in the policy providing for shortlisting is in tune with the main objective of inducting meritorious candidates in Government jobs, and limiting the number of meritorious candidates by way of shortlisting would expedite the conducting of examination, evaluation and avoid unnecessary litigation by non-meritorious applicants -- Writ Petitions, dismissed.

(Para 44-56)

B. Policy of Recruitment to Group ‘C’ and ‘D’ for Common Eligibility Test-2022 -- Common Eligibility Test (CET) – Relevancy of subject in exam -- Contention that in the CET, testing was for only General knowledge and computer knowledge, but knowledge in subject was not tested; and so the securing of 70% marks therein for appearing in the skill test/written examination in the relevant subject for the post, cannot be permitted – Held, Commission is an expert body and is competent to decide in consultation with the State departments on what subjects a candidate is to be tested for short listing -- It is not the province of High Court to enter into the domain of the Commission and exercise the power vested in the Commission as High Court does not have the requisite expertise in that regard -- It is not the case of the petitioners that General knowledge or analytical skills tested in the CET are wholly irrelevant for appointment to the posts in question – No merit in the Writ Petitions, dismissed.

(Para 50)

163. (SC) 18-04-2023

A. Constitution of India, Article 309 – Civil Servant -- Whenever a dispute relating to a service matter, which includes a claim for allowances, is raised before the Administrative Tribunal, the primary duty of the Tribunal is to see what is provided by the relevant Act issued under the main part of Article 309 or the Rules issued under the Proviso to Article 309.

(Para 20)

B. Service law -- Employment – Nature of – Adjudication upon -- There are three different categories of employment;

(i) employment which is statutorily protected under labour welfare legislations, so as to prevent exploitation and unfair labour practices;

(ii) employment which falls outside the purview of the labour welfare legislations and hence, governed solely by the terms of the contract; and

(iii) employment of persons to civil posts or in the civil services of the Union or the State.

Any Court or Tribunal adjudicating a dispute relating to conditions of service of an employee, should keep in mind the different parameters applicable to these three different categories of employment.

(Para 23)

C. Constitution of India, Article 309 – Factories Act, 1948 (63 of 1948), Section 48 -- Service Rules – Civil Servant – Claim for overtime -- Unlike those employed in factories and industrial establishments, persons in public service who are holders of civil posts or in the civil services of the Union or the State are required to place themselves at the disposal of the Government all the time – In the light of the Rules, there was actually no scope for the respondents to seek payment of Double Over Time Allowance -- No benefit can be claimed by anyone dehors the statutory rules – No benefits of the provisions of Chapter VI of the 1948 Act can be claimed dehors the service rules.

(Para 24-34)

165. (P&H HC) 13-04-2023

A. Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2003, Rule 7(c) -- Ex gratia appointment -- Petitioner No.2/ son of deceased employee was placed in the waiting list for appointment, however, could not be offered appointment as only 5% quota of the sanctioned posts according to seniority were to be filled up and the petitioner was below in seniority list – List, which was valid only for a period of three years, expired before the turn of petitioner No.2 could come as per his seniority -- Therefore, no illegality has been committed by the respondent State in declining ex gratia appointment to petitioner No.2.

(Para 8, 9)

B. Haryana Compassionate Assistance to the Dependents of the Deceased Government Employees Rules, 2003, Rule 7(c) -- Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 -- Ex gratia appointment -- Ex-gratia financial assistance -- Employee died on 02.10.2003 while in service and at the relevant time, Rules of 2003 were in existence – Ex-gratia appointment was declined on 29.08.2007 – Option to opt for Ex-gratia financial assistance was not sought from the dependents of the deceased Government employee -- Writ petition allowed, petitioner No.1 to submit her option within a period of one month so as to seek ex-gratia financial assistance in terms of Rules of 2006 -- On receipt of such option, the respondents shall take final decision for payment of ex-gratia financial assistance to the petitioners within one month thereafter.

(Para 10,11)

170. (SC) 15-03-2023

A. Service Rules – Government Resolution – Effect of -- In service jurisprudence, the service rules are liable to prevail -- There can be Government resolutions being in consonance with or expounding the rules, but not in conflict with the same -- Government resolutions issued by the Administrative Department cannot have the status of a statutory rule although such resolutions may have their own effect.

(Para 25)

B. Constitution of India, Article 309 – Maharashtra Forest Service, Group A (Junior Scale) (Recruitment) Rules, 1998, Rule 2, 3B, 6 -- Appointment of Divisional Forest Officer – Appointment by promotion from amongst officers of the Maharashtra Forest Service -- Exclusion of period of probation -- Proviso to Rule 2 is unambiguous and quite clear, i.e., the period spent on training at Government Forest Colleges and other period of probation including extended period of probation, if any, “shall not be counted towards the requisite period of service.” -- Even if the Government Resolution upgraded the post of ACF from Class II to Class I, the Proviso to Rule 2 of the 1984 Rules will continue to hold valid in determining the period of service -- Rules 3B and 6 of the 1988 Rules also leave no ambiguity in this behalf and in fact read in consonance and the period of probation has to be necessarily excluded from period of service – Grant of monetary benefit is a different aspect – Held, Government resolutions cannot override statutory rules, and the resolutions neither speaking about promotion to the post of DFO nor about seniority conclusively, the Proviso would operate with full force.

(Para 25-30)