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IN THE HIGH COURT OF DELHI AT NEW DELHI
DEVENDRA KUMAR UPADHYAYA, CJ, TEJAS KARIA
Pradeep Kumar Singh – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. employment context leading to probation and termination. (Para 3 , 4 , 6 , 8 , 10) |
| 2. arguments for treating appointment as promotion. (Para 15 , 16 , 18 , 21) |
| 3. analysis of appointment sources and misinterpretations. (Para 28 , 30 , 35) |
| 4. clarification on office memorandum implications. (Para 31 , 32 , 33 , 39) |
| 5. conclusion of dismissal of the appeal. (Para 40 , 41) |
JUDGMENT :
DEVENDRA KUMAR UPADHYAYA, CJ.
1. Heard learned counsel for the appellant and learned counsel for respondent no.2. The appellant in person, who appeared through video conferencing, has also been heard. We have also perused the records available before us.
2. Before delving into the rival submissions made on behalf of the respective parties, we need to note certain facts which are essential and relevant for the purposes of adjudicating the issue involved in this Letter Patent Appeal.
3. The appellant before being appointed on the post of General Manager (HR) in Central Electronics Limited - respondent no.2 (hereinafter referred to as the „CEL’), a Central Public Sector Enterprise (hereinafter referred to as the „CPSE’), was working in another CPSE, namely, Coal India Limited/Central Coal Fields L
The court affirmed that the appellant's appointment was direct recruitment on probation, allowing termination for unsatisfactory performance, and clarified the distinction between promotional and dir....
Service Law - Appointment order issued by a person not authorized to do the same would be nullity and not an irregularity.
The main legal point established in the judgment is that the nature of appointment, whether through direct recruitment or transfer of service, determines the applicability of pay protection based on ....
The main legal point established in the judgment is the significance of documentary evidence and the management's decision in drawing reasonable judicial inferences regarding the appointment procedur....
Appointments made in violation of statutory rules are in violation of Article 14 and 16 of the Constitution of India and are in nullity.
Irregular daily wager appointments without advertisement violate Articles 14 & 16; no regularization or reinstatement even with prior equal pay directions; termination upheld as backdoor entries depr....
Dismissals from service upheld due to misconduct; appointments not conferring rights due to violation of recruitment procedures. Legality and fairness in employment processes must align with statutor....
Long-term employment based on transparent recruitment cannot be invalidated solely due to procedural irregularities, reinforcing principles of natural justice and legitimate expectations.
The main legal point established in the judgment is that the initial appointment of the appellant on the post of Junior Clerk was illegal due to violation of the relevant provisions of the Maharashtr....
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