Back
V. KAMESWAR RAO
Dr. A. s. Senthi Vadivel – Appellant
Versus
Union Of India – Respondent
JUDGMENT
V. Kameswar Rao, J. - This petition has been filed by the petitioner with the following prayers:
"It is, therefore, prayed that this Honble Court may kindly be pleased to:
a) Quash the order No.10/121/2016-NCLT (Pt.II)-88 dated 17.02.2021 issued by the respondent No. 2 by which the offer of appointment sent to the petitioner for the post of Joint Registrar on deputation basis in NCLT, Hyderabad Bench is cancelled and the Communication No.3/1(3546)/Law-59/2020 dated 12.02.2021 of the respondent No.3 by which the petitioner was informed that "the matter has been examined by Ministry of Mines in consultation with DoPT and accordingly decided that the Officer cannot be relieved from a higher grade pay/scale of pay to a post in the lower grade pay/scale as per rules";
and
b) direct the respond No. 2 to appoint the petitioner on deputation as Joint Registrar at NCLT Hyderabad;
c) Pass any other or further order which this Honble Court may deem fit and proper, in facts and circumstances of the case, in the interest of justice."
2. The facts as noted from the petition are that respondent No.2, the National Company Law Tribunal (NCLT, for short), Ministry of Corporate Affairs, had on Aug
The main legal point established in the judgment is that the eligibility of a candidate for a deputation post must be determined based on the specified criteria in the notification and relevant regul....
Only aggrieved persons with the requisite eligibility can challenge appointments, and the true nature of an appointment must be assessed beyond its terminology.
The central legal point established in the judgment is that the appointment mode for a government post must adhere to the relevant Recruitment Rules and the concept of deputation, requiring consent a....
The authority of the Executive in making decisions regarding recruitment and mode of appointment, and the absence of a vested right for the Petitioner to insist on the completion of the permanent abs....
An employee appointed by deputation is entitled to due process, including notice and an opportunity to respond before removal, as mandated by statutory provisions and constitutional protections.
The court established that the petitioner, as the only case of ineligibility due to subsequent amendment of the Rules, constituted a class in herself and was entitled to be considered for relaxation ....
No indefeasible right to absorption in deputation office for officer on personal request deputation across distinct cadres; Child Care Leave extension subject to service needs; headquarters posting o....
The decision of the Administrative Committee to club the posts of Assistant Registrars (Legal) and the Stamp Reporter(s) for being considered for promotion to the post of Deputy Registrar (Legal) by ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
