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THE CONSTITUTION OF INDIA ART. 16
Giving retrospective seniority from the date when the employee was not eligible for appointment impermissible. (P. Sudhakar Rao v U. Govinda Rao, AIR 2013 SC 2533 : (2013)8 SCC 693).
Only regular and not ad hoc service shall be counted towards seniority and grant of higher pay scale. (Nagar Palika Nigam v Krishi Upaj Mandi Samiti, AIR 2009 SC 187 : (2008)12 SCC 364).
Deputationists were absorbed in the department on the condition that they shall be treated as new recruit. Their claim for giving them benefit of past service was rejected. (Mrigank Johri v Union of India, AIR 2017 SC 3240 : (2017)8 SCC 256).
Change of eligibility criteria amidst selection process - Though advertisement did not provide, fixing of cut-off marks for viva voce test by PSC after due notice to candidates, held permissible. (Barot Vijaykumar Balakrishna v Modh Vinaykumar Dasrathlal, AIR 2011 SC 2829 : (2011)7 SCC 308).
For determination of seniority of the officers who were recommended by the Public Service Commission on the same date, age is the only valid and fair basis as such their seniority should be decided on the basis of age of the candidates who have been recommended. (Ramachandrappa v Manager, Royal Sundaram Alliance Insurance Company Limited, AIR 2011 SC 2951 : (2011)13 SCC 236.
Without holding disciplinary proceedings against an employee for his misconduct his retiral benefits cannot be withheld. Interest also awarded. (State of Uttar Pradesh v Dhirendra Pal Singh, AIR 2016 SC 5239).
A retired employee of State Government held entitled to full reimbursement of medical expenses. (Secretary to the Government of Haryana v Vidya Sagar, AIR 2010 SC 196 : (2009)14 SCC 652).
Medical reimbursement of claim through CGHS — Reimbursement of medical claim cannot be refused merely because treatment was carried out in Non-empanelled hospital of CGHS. (Shiv Kant Jha v Union of India, AIR 2018 SC 1975).
Scheduled Caste - Caste is determined by birth and the caste cannot be changed by marriage with a person of scheduled caste. (Sunita Singh v State of Uttar Pradesh and Others, AIR 2018 SC 566).
Caste certificate showed appellant as ordinary resident/backward of Uttranchal. Evidence showed that he was resident of U.P. Cancellation of caste certificate was upheld. (Arshad Jamil v State of Uttarakhand, AIR 2011 SC 3806 : (2011)9 SCC 313).
Caste certificate - cancellation of - The cancellation of a certificate would, as a necessary consequence, involve the invalidation of the appointment to a post or admission to an educational institution. Where a candidate had been appointed to a reserved post on the basis of the claim that he or she was a member of the group for which the reservation is intended, the invalidation of the claim to belong to that group would, as a necessary consequence, render the appointment
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