Digest of important case law on service matters v.1

The Book was first published in 1985. With the issue of the new edition, now in your hands, the Book enters into 18th year of its useful service to the Nation. The present Fifth Edition, contains Case-law declared by the Hon'ble Supreme Court upto 2.4.2003, vide, Case-law Update at the end of Volume III.

The law laid down by Hon'ble Supreme Court is binding on all the Courts in India by virtue of Article 141 of the Constitution. Therefore, every Court and every Administrative Authority in India have to take due notice of the pronouncements of

the Apex Court.

The interpretation of the Constitution and the laws is the sole prerogative of the Higher Judiciary. These pronouncements are not only numerous but also keep piling on continuously. It is not possible for the busy Executive authorities and for the government servants to keep track of these important developments. Therefore, we have made an attempt to collect the relevant case-law and putting them in a systematic manner so that mistakes are not committed unwittingly which may prove costly in the long run. The Book contains mostly the case-law declared by the Hon'ble Supreme Court. Some references to the cases decided by the High Courts and the C.A.T. have also been given here and there.

The subject is vast. Though every effort has been made for a wide coverage, the Book cannot be termed as exhaustive and we do not make any such claim. We have included in the Book that Case-law which, guided by our experience and knowledge, we thought was important from view point of the public servants and the administrative authorities. Suggestions to further improve the book shall be carefully considered and gratefully acknowledged.

The Book is primarily meant for the public servants and the Administrative authorities. It will also be found useful by those engaged in Legal profession. The administrative authorities will find the Book to be very useful in their day-to-day administration of the Service Matters. As for the individual public servants, knowledge is power: how are they going to protect their rights in service matters if they are not aware of the correct present position of the law governing it.

For the sake of convenient handling, the Book is issued in three Volumes.

Each volume has its separate paging and separate Topics and Subject Index. The

entire Book has been divided into 49 Parts, each part dealing with Case-law on a distinct aspect of the Service Matters.

Volume I contains Case-law regarding Fundamental Features of Public Employment, Constitutional Protection to the Services, Statutory Rules and Executive Instructions, Principles of Natural Justice, Relevant aspects of Administrative Law, Scope of Judicial Review in Service Matters, Departmental Remedies of Appeal, Revision and Review, Judicial Remedies of Civil Suits, Administrative Tribunals, Writ Petitions in the High Courts and S.L.P. in the Supreme Court, The Judicial Precedents, The Conduct Rules and Misconduct in Employment

Volume II contains Case-law on Posts, Cadres & Cadre Review, Recruitment, Appointments to Post and Services, Probation, Confirmation & Lien, Compassionate Appointments, Date of Birth, Pay & Allowances, Annual Confidential Reports, Suspension from Service, Penalties which can be imposed and Disciplinary Proceedings right from the start till making of final orders, The Public "Service Commissions, and the Vigilance Commissions. The Volume has also chapters on Proceedings after Retirement, Termination and Sanction for Prosecution.

Volume III contains Case-law on Seniority, Ad-hoc Service and its Regularization, Counting Ad-hoc Service towards Seniority, Promotion, Equal pay for Equal Work, Reservation in Service, Transfer, Resignation, Compulsory Retirement, Voluntary Retirement, Retirement Benefits. The Volume also has chapters on the position of All India Services, Defence Personnel & Civilians in Defence Services, Educational Institutions, Casual employees and the like.