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ART. 16 THE CONSTITUTION OF INDIA 53
Denial of promotion on the basis of un-communicated ACR entries held mala fide, unwarranted. (Daljit Singh Grewal v State of Punjab, AIR 2016 SC 1260 : (2015)9 SCC 680).
Retrospective promotion - No retrospective promotion or seniority can be granted from a date when an employee has not even been borne in the cadre so as to be adversely affecting those who were appointed validly in the meantime. (Nani Sha v State of Arunachal Pradesh, AIR 2007 SC 2356 : (2007)15 SCC 406 : 2007 AIR SCW 4174)
When the Court gives direction to the accused to give his specimen foot prints, if the accused does not comply with the Court’s order, the Court may draw adverse inference against him, but refusal cannot form sole basis of the conviction of the accused. (State of U.P. v Sunil, AIR 2017 SC 2150 : (2017)14 SCC 516).
An employee whose chances of promotion are reduced and made junior on account of the inclusion of the name of the respondent in the select list, has locus standi to challenge promotion. (Mohammed Faizal K.A. v D. Sali and Others, AIR 2018 SC 288).
Inter se seniority between direct recruits and promotes. Rule of continuous length of service should be applied for determining the seniority between the two. Delhi Higher Judicial Services Rules. (B.S. Mathur v Union of India, AIR 2009 SC 137 : (2008)10 SCC 271).
Resignation - To constitute a ‘resignation’, it must be unconditional and with an intention to operate as such. On the facts of the case, the letter of resignation alleged to be sent by the appellant on account of exasperation was not treated as resignation, acceptance theory was not held proper. (Dr. Prabha Atri v State of U.P., AIR 2003 SC 534 : (2003)1 SCC 701).
Where intention to resign is clear from the letter, the resignation is accepted, resignation cannot be cancelled on the mere ground that the employee has not been relieved. (Union of India v Hitender Kumar Soni, AIR 2014 SC 3574 : (2014)13 SCC 204 : 2014 AIR SCW 4873).
The employee had tendered his resignation which was sought to be withdrawn. But the withdrawal was not accepted and subsequently there was reiteration of the prayer for voluntary resignation on the part of the employee. The employer bank was justified in relieving the employee consequent upon accepting his prayer for resignation. (State Bank of Patiala v Phoolpati, AIR 2005 SC 1918 : (2005)3 SCC 88).
Letter send by an employee stating about his falling health was treated as voluntary retirement and not resignation. (Shashikala Devi v Central Bank of India, AIR 2015 SC 2434 : (2014)16 SCC 260 : 2015 AIR SCW 2421).
Lien - A Government servant’s lien on a post stands terminated only on his acquiring a lien on a permanent post outside the cadre on which he is borne. (State of Rajasthan v S.N. Tiwari, AIR 2009 SC 2104 : (2009)4 SCC 700).
Probationer - Appointment/termination of probationer when involved in criminal charge before appointment - Law summarised. (Avtar Singh v Union of India, AIR 2016 SC 3598 : (2016)8 SCC 471).
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