Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Meaning of by order in an appointment order - The phrase by order typically indicates that an appointment or decision has been made through an official directive issued by a competent authority, often documented in a formal order or ruling. It signifies that the appointment is not informal or verbal but is based on a formal, authoritative decision. For example, in legal contexts, an order of appointment reflects a formal judicial or administrative decision that confers office or authority upon an individual ["Sushma B vs The National Fisheries Development Board - Telangana"].
Main points and insights:
In judicial and administrative contexts, by order signifies a decision that is recorded and issued as a formal order, which can be subject to legal scrutiny or appeal ["Sushma B vs The National Fisheries Development Board - Telangana"].
Analysis and conclusion:
References:- It is a term of this contract that the party invoking arbitration shall give a list of disputes with amounts claimed in respect of each such dispute along with the notice for appointment of arbitrator and giving reference to the rejection by the Managing Director EMPLOYER of the appeal. ["Sushma B vs The National Fisheries Development Board - Telangana"]- The appointment was, even as per the order dated 23 August 2019, in terms of the contract between the parties. ["M/S. M.V. OMNI PROJECTS (INDIA) LTD. Vs UNION OF INDIA THROUGH EXECUTIVE ENGINEER CPWD - Delhi"]- The order of the Single Judge refusing appointment of a receiver and grant of an adinterim injunction was undoubtedly a ‘judgment’ within the meaning of Letters Patent, both because Order XLI I I Rule 1 CPC applies to... ["Sushma B vs The National Fisheries Development Board - Telangana"]
In the world of employment and administrative law, appointment orders are crucial documents that formalize hiring decisions. But what exactly does the phrase 'by order' signify when it appears at the end or within such an order? If you've ever wondered, what is the meaning of the term 'by order' written in an appointment order?, you're not alone. This common query arises in contexts like government jobs, contractual roles, and institutional hires, where the validity of an appointment can hinge on precise legal interpretation.
This blog post dives deep into the legal essence of 'by order,' drawing from judicial precedents and statutory insights. We'll clarify its implications, requirements, and why distinguishing formal orders from informal notes matters. Note: This is general information based on legal precedents and should not be taken as specific legal advice. Consult a qualified lawyer for your situation.
The term 'by order' in an appointment order generally refers to a formal, written decision issued by a competent authority that explicitly states and authorizes the appointment of an individual to a specific position. It underscores that the appointment stems from a deliberate, authoritative directive rather than casual communication. Basti Sugar Mills Co. Ltd. VS Collector of Central Excise - Customs, Excise And Gold Appellate Tribunal (1989)
An 'order' is more than just paperwork—it's a structured legal instrument. Here's what defines it:- Formal Expression of a Decision: Involves adjudication of rights or obligations. The Supreme Court has noted that 'order' lacks a fixed definition but means a decision after weighing reasons, extending beyond judgments to any formal resolution by a court or authority. Basti Sugar Mills Co. Ltd. VS Collector of Central Excise - Customs, Excise And Gold Appellate Tribunal (1989)- Must Be in Writing and Signed: Signed by the competent authority, it serves as irrefutable proof. Verbal agreements or unsigned notes don't qualify. Basti Sugar Mills Co. Ltd. VS Collector of Central Excise - Customs, Excise And Gold Appellate Tribunal (1989)- Issued by Competent Authority: Typically the appointing body or a delegated officer, ensuring legal backing.
In appointment scenarios, 'by order' signals that the document is the official vehicle for granting rights and imposing obligations on the appointee. It confers legal validity, making it enforceable. Basti Sugar Mills Co. Ltd. VS Collector of Central Excise - Customs, Excise And Gold Appellate Tribunal (1989)
For an appointment to hold water legally, the order must meet strict standards:- Be in writing.- Be signed by the authorized authority. Basti Sugar Mills Co. Ltd. VS Collector of Central Excise - Customs, Excise And Gold Appellate Tribunal (1989)- Clearly specify details: Position, effective date, terms, and conditions.- Comply with governing laws or rules.
This formality ensures clarity, accountability, and enforceability. As one ruling emphasizes, internal communications or notes between officers, unless formalized and issued per law, do not constitute a valid appointment order. Union of India VS Kartick Chandra Mondal - 2010 1 Supreme 217
Judicial precedents repeatedly stress this distinction. The Supreme Court has clarified that an order must be issued and publicized formally. Mere internal exchanges lack the weight of an official order. Union of India VS Kartick Chandra Mondal - 2010 1 Supreme 217
For instance, in service law contexts, appointments must align with rules mandating written orders. Under certain regulations, All appointments made under these rules shall be made by means of written orders. MAHESH PRASAD VS STATE OF U. P. - 2018 Supreme(All) 819 This reinforces that 'by order' implies a documented, rule-compliant process.
Courts have consistently upheld the need for formality:- Supreme Court View: An order is a 'formal expression of a decision involving adjudication.' Internal notes don't qualify unless elevated to formal status. Union of India VS Kartick Chandra Mondal - 2010 1 Supreme 217Basti Sugar Mills Co. Ltd. VS Collector of Central Excise - Customs, Excise And Gold Appellate Tribunal (1989)- Seniority and Validity Ties: Seniority often hinges on the 'order of appointment,' interpreted as the formal issuance date per roster rules, not individual letters. Misinterpreting this as mere individual orders leads to invalid lists. Arvinder Singh Bains VS State Of Punjab - 2006 5 Supreme 147- Contractual Appointments: Even in contracts, stipulations like 'appointment for one year or till regular selection' in the order bind parties, emphasizing the order's authoritative role. Farooq Ahmed VS State - 2005 Supreme(J&K) 358
In educational and panchayat contexts, appointments by 'prescribed authority' via authorized officers are treated as formal orders if pursuant to law. Leelawati VS State of M. P. - 2008 Supreme(MP) 559
Not every document labeled an 'order' passes muster:- Internal Notes Invalid: Exchanges between officers aren't orders without formal issuance. Union of India VS Kartick Chandra Mondal - 2010 1 Supreme 217- Informal Basis Risks Nullity: Appointments solely on notes may lack validity, potentially voiding claims to position or benefits.- Contractual Nuances: Non-extension without due process, especially amid complaints, violates natural justice, but must still trace to a formal order. Related cases highlight replacing contractual staff requires justification and procedure.
In recruitment ads, terms like eligibility must be unambiguous, with appointments following the specified 'order.' Priyanka VS UCO Bank, Through Its Chairman-Cum-Managing Director - 2016 Supreme(Pat) 370
To avoid disputes:- Formalize Always: Issue written, signed orders from competent authority with full details.- Avoid Relying on Internals: Convert notes to official orders promptly.- Verify Compliance: Ensure alignment with statutes like service rules or acts governing appointments. MAHESH PRASAD VS STATE OF U. P. - 2018 Supreme(All) 819
Employees should demand the formal order as proof of appointment, safeguarding rights like seniority or pensions. In one case, untrained teachers on compassionate grounds gained old pension parity only if formalized pre-cutoff. MAHESH PRASAD VS STATE OF U. P. - 2018 Supreme(All) 819
The 'by order' phrase extends beyond initial hires:- Panchayat and Local Bodies: Authorizations allow delegated appointments, treated as authority orders. Leelawati VS State of M. P. - 2008 Supreme(MP) 559- Arbitration and Contracts: Specific agreement terms prevail, with courts appointing if procedures falter—mirroring order formality. SAM (INDIA) BUILDWELL PVT . LTD. THROUGH ITS REGIONAL HEAD AND AR KARAN SAGAR AGGRWAL VS COSLIGHT INDIAN TELECOM PVT LTD THROUGH ITS MANAGING DIRECTOR - 2018 Supreme(Del) 414- Educational Appointments: Government orders can't override statutes; vacancies need statutory alignment for approval. SHEEBA.M.V. Vs THE STATE OF KERALA AND OTHERS - 2009 Supreme(Online)(KER) 32084
These insights show 'by order' as a bulwark against arbitrariness, promoting transparency.
In summary, 'by order' in an appointment order denotes a formal, written, authoritative decision distinct from informal notes. It ensures legal validity, as affirmed by courts: appointments must be documented, signed, and rule-compliant. Union of India VS Kartick Chandra Mondal - 2010 1 Supreme 217Basti Sugar Mills Co. Ltd. VS Collector of Central Excise - Customs, Excise And Gold Appellate Tribunal (1989)
Key Takeaways:- Prioritize written, signed orders for enforceability.- Internal communications rarely suffice.- Judicial scrutiny favors formality in disputes.
Understanding this term empowers better navigation of employment law. For tailored advice, reach out to a legal expert.
References:- Union of India VS Kartick Chandra Mondal - 2010 1 Supreme 217: Clarifies orders vs. internal communications.- Basti Sugar Mills Co. Ltd. VS Collector of Central Excise - Customs, Excise And Gold Appellate Tribunal (1989): Defines 'order' as formal decision.- Additional precedents: MAHESH PRASAD VS STATE OF U. P. - 2018 Supreme(All) 819, Arvinder Singh Bains VS State Of Punjab - 2006 5 Supreme 147, Leelawati VS State of M. P. - 2008 Supreme(MP) 559, Farooq Ahmed VS State - 2005 Supreme(J&K) 358, Priyanka VS UCO Bank, Through Its Chairman-Cum-Managing Director - 2016 Supreme(Pat) 370, SAM (INDIA) BUILDWELL PVT . LTD. THROUGH ITS REGIONAL HEAD AND AR KARAN SAGAR AGGRWAL VS COSLIGHT INDIAN TELECOM PVT LTD THROUGH ITS MANAGING DIRECTOR - 2018 Supreme(Del) 414, SHEEBA.M.V. Vs THE STATE OF KERALA AND OTHERS - 2009 Supreme(Online)(KER) 32084.
#ByOrderMeaning #AppointmentOrder #EmploymentLaw
The meaning that gained currency thereafter was that the term merely meant a list of persons ; sometimes the list may be of a large number of persons from which for a particular purpose a smaller group may be elected; in other cases the entire body on the list may be included in the term. ... Perera, however, put forward a second argument that the letter P3 must be regarded as having been written by the respondent ex abundanti cautela in order to apprise the Commissioner of Local Government that h....
Such written waiver supplies the very consent that was previously missing, thereby placing the appointment on the same footing as a mutually agreed appointment and addresses concerns regarding neutrality and fairness. 87. ... The unilateral appointment of an arbitrator is assessed from the viewpoint of the parties. However, when the parties later execute an express written agreement waiving the ineligibility of the proposed arbitrator, the position gets altered. ... The appointment was....
candidates was drawn by a cut off mark based on the written test/ interview. ... Once when the term ‘appropriate order’ was used in the course of disposal of the writ petition, under no circumstances can it be construed to be one which has been issued indicating allowing the representation. ... This also clearly gives an indication that an appeal would be maintainable even if it is not an order of punishment alone. Another reason to reach to this conclusion is that the law makers were not required using the te....
Union of India and Others, (1992) 3 SCC 526, Petitioner was Director, AIIMS, who had been appointed for a period of 5 years or till he attained the age of 62 years, whichever was earlier, the Supreme Court examined the meaning and connotation of the term ‘tenure’ and observed that tenure is a term during ... record, the respondents have given her warning in January, 2021, however, on the same date they have extended the contractual term of the applicant for further period. ... Written submissions have ....
The petition is allowed in the above terms with no order as to costs. ... terms, and changes thereto were incorporated by the cyclostyled amendments, followed by changes by type-written additions and lastly the hand written additions. ... attributed to them than to the printed words, inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning and the printed words are a general formula adapted equally to their case and that o....
It was held that “if the vacancy is having a duration of one academic year or more, appointment can be made to fill up the same. The term of appointment need not be co-terminus with the term of the vacancy. ... The petitioner challenges Ext.P2 and Ext.P3 Government Order, on account of which, an objection has been raised by the Educational Authority regarding the approval of petitioners' appointment. 3. ... If, in fact, the vacancy is having a duration of one academic year or more, ev....
The petition is allowed in the above terms with no order as to costs. Dasti. ... French, 1803-13 All ER Rep. 350 with reference to printed form of contract with hand-written additions: "........ that the words super added in writing are entitled, nevertheless, if there should be any reasonable doubt on the sense and meaning of the whole, to have ... a greater effect attributed to them than to the printed words, inasmuch as the written words are the immediate language and terms selected by the parties themselve....
-The notice written and signed by the proctor is notice by the cooly himself, and not by " any other person " on behalf of the cooly. ... of service, was held to have " personally signified " his intention within the meaning of section 20 of Ordinance No. 9 of 1909. ... The definition of the term " employer " in Ordinance No. 13 of 1889 only includes a Superintendent and not an " Assistant Superintendent ". " Employer " does not include any person who happens to supervise the work of the estate during a temporary absence of the Sup....
The Commission misread and misinterpreted the expression and meaning of the term accreditation and erroneously forwarded the names of the petitioners for the post of clerk even though they did not possess the requisite educational qualification. ... The Oxford dictionary meaning of the term 'accreditation' means the action or process of officially recognising someone as having a particular status or being qualified to perform a particular activity. 14. ... The Cambridge dictionary meaning of the #HL_STA....
The said term cannot be given any meaning other than the simple meaning that for computation of percentage, the marks secured in all papers attempted by the candidate must be considered. It is for the employer to decide the required qualification. ... Given the aforesaid pure and simple meaning to the terms of the advertisement, admittedly, the petitioner was not eligible for ... appointment as Probationary Officer. The Bank cannot be compelled to consider the petitioner as eligible or qualified." ... A....
Appointment to be made by order.—All appointments made under these rules shall be made by means of written orders. All persons on appointment in a substantive vacancy shall be placed on probation for a period of one year.
But since the order of appointment is issued pursuant to authorisation by the Prescribed Authority, the order of appointment is to be treated as an order passed by the Prescribed Authority. Hence the Collector as the Prescribed Authority had the power under sub-section (2) of section 86 of the Adhiniyam to authorise the Chief Executive Officer, Janpad Panchayat, Ajaygarh to appoint a Panchayat Karmi and the Chief Executive Officer, Janpad Panchayat, Ajaygarh by virtue of such authorisation had also the power to select and appoint a Panchayat Karmi of the Gram Panchayat.
This apart, the term order of appointment is also being mis-interpreted by the authorities and is being confined to individual order of appointments issued to individual members of service whereas the term of appointment refers only to the order/consequence prescribed under Rule 18. Further, from a perusal of Rule 21 it would be manifestly clear that if it is to be interpreted in the manner in which it is presently being done, namely, to determine the seniority on the basis of the order of appointment i.e. the date on which the order of appointment is issued, the same must ....
The term of appointment contained in the appointment order is reproduced for facility of reference as under:- As recommended by District Selection Committee, Doda, sanction is accorded to the appointment of candidates shown in annexure to this order as Junior Engineer, Civil/Mechanical on contract basis for a period of one year or till regular selection is made in accordance with the prescribed rules of recruitment which ever is earlier, subject to the following terms and conditions: 8. Official respondents, accepting the recommendations of the Selection Committee, issued t....
The term "interlocutory order" is not defined under the Family Courts Act. Therefore, it becomes necessary for us to know what is the meaning of the term 'interlocutory order'. If this rule is kept in mind, we should state, an appeal would lie under sub-s. (1) of S. 19 of the Family Courts Act against each and every judgment and order unless an impugned order can be regarded as an "interlocutory order" within the meaning of that term. It is not the contention of Sri Bapu Heddurshetty that the impugned order is not an order.
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
