SERVICE RELATED CASES & MATTERS
Saral Kanoon being one of the top law firms in Gujarat provides a complete gamut of legal services and expert counsel regarding the Service Law in Gujarat. We have a team of best Service lawyers/Advocates, who handles the range of Service Matters at different levels in the Judicial Hierarchy; i.e. High Court, Central Administrative Tribunal, Education Tribunal etc.
Service Law is a special form of Civil Jurisprudence in the field of Administrative Law. During the last fifty years, the Supreme Court, by various pronouncements, has developed and embellished this facet of Service law touching, sometimes, new heights in the dispensation of social justice. A Judgment of the Supreme Court is binding on all the courts and authorities in India by virtue of Art. 141 of the Constitution of India.
Service law is governed by Constitutional provisions and various sets of rules, which apply to persons in the services of Central or State Government or of a local body or a Panchayat or a Statutory Body and so on.
- Service Law ranges right from the appointment to the Public Services to superannuation, traversing through the seniority and promotion, deputation and repatriation, Pension and Allied emolument, Voluntary and Compulsory retirement, Appraisal of performance and adverse remarks may stem differently from different statutory provisions.
- Topping the complexity of all these, the law on reservation is culmination of its complexity and is yet confounding creed of the service law as is evident by and interpretation of Indra Swahney’s case in a series of its kindred decisions.
During the past half a century service jurisprudence has developed by the courts in India by interpreting and applying the existing Statutory Provisions and delegated legislation touching various services – both Central and State – forms a huge collection of various Principles and Doctrines.
In the domain of Judicial Review, of the Disciplinary Proceedings or Departmental Actions, the court has the solemn function of balancing the equities between the employer and the employees, though subject to the first exception in the provisions to Article 311(2), however, the service law leans more in the favor of the employees. The position under the industrial law is no different from the principles of Service Jurisprudence and are more or less common or at least analogous.
Articles 315 to 323 in Part XIV of the Constitution of India provides for the establishment of Public Service Commission for the Union and a Public Service Commission for each State. Each state has its own Public Service Commission (i.e. GPSC – Gujarat Public Service Commission in the State of Gujarat) with functions similar to the UPSC – Union Public Service Commission. The GPSC – Gujarat State Public Service Commissions is also constituted under the provisions of the constitution of India. Union Public Service Commission is the India’s central agency. GPSC – Gujarat Public service Commission is also a constitutional body as a State Agency.
With a view to easing the congestion of pending cases in various High Courts and other Courts in the country, Parliament had enacted the Administrative Tribunals Act, 1985. Administrative Tribunals are located throughout country, wherever the seat of a High Court is located. In addition, circuit sittings are held at Nagpur, Goa, Aurangabad, Jammu, Shimla, Indore, Gwalior, Bilaspur, Ranchi, Pondicherry, Gangtok, Port Blair, Shillong, Agartala, Kohima, Imphal, Itanagar, Aizwal and Nainital.
A Classification of various Service Matters
- Ad Hoc Service
- Administrative Authority
- Age Proof
- Age Relaxation.
- Appointment & Joining.
- Casual Labourer
- Child Care Leave
- Compassionate Appointment
- Corruption Charges Under Prevention of Corruption Act, 1988
- Disciplinary Proceedings
- Denial of Reasonable Opportunity
- Departmental Inquiry
- Disciplinary Authority
- Gratuity Of Govt. Servant
- Indiscipline – Misbehaviour
- Joining Of Service
- Judicial Review: Of an administrative Order
- Leave Rules
- Major Penalty
- Minor penalty
- Natural Justice
- Plaint Format- Under Administrative Tribunals Act, 1985- To Be Filed Before Central Administrative Tribunal [CAT]
- Quashing Of Administrative Order: On the grounds of violation of the rule of natural justice, arbitrariness, discrimination & irrationality, absence of fair play, etc.
- Quasi-Judicial Authority
- Retirement: Compulsory Retirement
- Review: Administrative
- Second Marriage
- Selection: Right Of Selectee
- Sexual Harassment
- Simultaneous Proceedings
- Termination: Termination Simpliciter- Without Inquiry & prior notice;
- Transfer of An Employee
- Unauthorized Absence
- Unconditional Apology
- Voluntary Retirement [VRS]