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THE CONSTITUTION OF INDIA ART. 16
Superannuation age - Different retirement age for Group Captain select and Group Captain Time Scale held, arbitrary. Air Force Act, 1968. (Union of India v Atul Shukla, AIR 2015 SC 1777 : (2014)10 SCC 432).
Fixing of lower retirement of age for an hostesses with option for ground duties between 50 to 58 held not violative of Articles 16 and 15 and 51-A(e). (Air India Cabin Crew Association v Yeshawinee Merchant, AIR 2004 SC 187 : (2003)6 SCC 277).
Correction of date of birth - Application for correction of date of birth in service record has to be made within reasonable time. Application filed 25 years after induction in service was rejected. (State of M.P. v Premlal Shrivas, AIR 2011 SC 3418 : (2011)9 SCC 664).
Application for correction of date of birth in Service Record must be filed within the time provided in Rules. (State of Haryana v Satish Kumar Mittal, AIR 2010 SC 3312 : (2010)9 SCC 337).
Correction of date of birth would not be refused on mere ground of belated claim. (Bharat Coking Coal Limited v Chhota Birsa Uranw, AIR 2014 SC 1975 : (2014)12 SCC 570 : 2014 AIR SCW 2634).
Correction in date of birth can be done as per rules, being question of fact cannot be ordered by writ Court. (Bharat Coking Coal Limited v Chhota Birsa Uranw, AIR 2014 SC 1975 : (2014)12 SCC 570 : 2014 AIR SCW 2634).
Post of librarian - Degree obtained through distant education made held valid. (Naushad Anwar v State of Bihar, AIR 2014 SC 1575 : (2014)11 SCC 203 : 2014 AIR SCW 1974).
Estoppel - Where a candidate does not challenge the decision for holding fresh selection, participates in the selection, on being unsuccessful, he cannot challenge the result of fresh selection, estoppel applies. (Ashok Kumar v State of Bihar, AIR 2016 SC 5069 : (2017)4 SCC 357).
Selection held as per Service Rules and Executive Instructions. Candidates having participated in the solution, later cannot challenge the procedure/selection. (Karanti Ravi v Commissioner, Survey Settlements and Land Records, AIR 2017 SC 3611).
Compulsory retirement - Entire service record of the employee to be seen. “Washed off” theory relating to adverse entries does not apply. (Rajasthan State Road Transport Corporation v Babu Lal Jangir, AIR 2014 SC 142 : (2013)10 SCC 551).
Where there is no work, but the employee would be entitled to pay in case(s) of compulsory waiting period. (State of Bihar v Kripa Nand Singh, AIR 2014 SC 3653 : (2014)14 SCC 375 : (2014)12 SCC 549 : 2014 AIR SCW 4704).
Where the application of the appellant for voluntary retirement was accepted, he accepted retiral benefits also, his application for revocation of his retirement was found not maintainable, was rejected. (P. Krishna Murthy v Commissioner of Sericulture, Andhra Pradesh, AIR 2014 SC 3774 : (2014)12 SCC 549 : 2014 AIR SCW 4940).
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