AI Overview...
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Abolishment of Posts - Several cases discuss the abolition of various posts, including Junior Draftsman, Junior Engineer, Teacher, and Junior Office Assistant. Courts have generally recognized that government decisions to abolish posts are within their constitutional and administrative powers, with limited scope for judicial interference Amrish Kumar Dutta vs D/o Power Development Ut Of J&k - Central Administrative Tribunal, Orissa Lift Irrigation Corporation Amin Sangha VS State of Orissa - Orissa.
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Impact on Employees - Abolition often leads to termination or reorganization, as seen in cases where employees' positions were abolished due to administrative decisions. Courts have upheld the legality of such actions, emphasizing the limited power to interfere unless procedural violations or violations of rights are established SAM K.JULIUS vs ARUN KUMAR GUPTA - Kerala, P USHA LOUIS vs SRI SHAHABUDEEN Advocate -SMT BINDU GEORGE - Kerala.
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Reservation and Promotion Quotas - Some cases involve the challenge to the withdrawal of reservation or promotion quotas (e.g., 5% quota for promotion to Junior Engineer). Courts have rejected challenges where abolishment or withdrawal was found to be within administrative discretion or based on valid reasons Rajender Prasad VS New Delhi Municipal Council - Delhi.
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Regularization and Promotions - Courts have directed authorities to consider cases for promotion or regularization favorably, especially when eligible employees were bypassed due to abolition or administrative decisions Amrish Kumar Dutta vs D/o Power Development Ut Of J&k - Central Administrative Tribunal, Union of India VS Basant Kumar - Delhi.
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Judicial Limitations - The judiciary consistently recognizes the limited scope to interfere in administrative decisions regarding creation, continuation, or abolition of posts, unless procedural irregularities or constitutional violations are evident Orissa Lift Irrigation Corporation Amin Sangha VS State of Orissa - Orissa.
Analysis and Conclusion:
The overarching trend indicates that the abolition of posts, including Junior positions, is primarily an administrative prerogative, with courts affirming the legality of such decisions provided procedural fairness is maintained. Employees affected by abolition are often entitled to consideration for promotions or regularization, but courts generally uphold government decisions on post abolition, emphasizing the limits of judicial review in administrative staffing matters.
Search Results for "Abolishment of Post Junior most"
2025 Supreme(Online)(HP) 4233 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Not specified, Not specified
This judgment pertains to an appeal regarding appointment vacancies for the post of Junior Draftsman. ... The Court reviewed actions surrounding the appointment process post-abolishment of HPSSSC, concluding that miscommunication between ... Draftsman (Civil) and 83 posts of Junior Draftsman (Electrical), having Post Code-838 (Annexure P-1). ... After declaration of the result of Junior Draftsman (Electrical) by the HPSSSC, Hamirpur, waiting list of Junior#....
2024 0 Supreme(Del) 469 • India - Delhi
REKHA PALLI, SUDHIR KUMAR JAIN
Reservation - Promotion to the post of Junior Engineer (Civil) - Circular dated 28.10.1986 - Decision to ... of the 5% quota reserved for Enquiry Attendants and Road Inspectors for promotion to the post of Junior Engineer (Civil). ... Issues: Challenge to the withdrawal of reservation for promotion to the post of Junior Engineer (Civil) and ... Vide the impugned order, the learned Tribunal has rejected the petitioners' challenge to the abolishment of the 5% quota ear....
2016 Supreme(Online)(KER) 27888 • India - High Court of Kerala
A. Muhamed Mustaque, J
Finding of the Court: The court found that the termination was based on the abolishment of the petitioner's position ... The termination now resulted is on account of the abolishment of the post of the 5th Engineer. The question as to whether the petitioner can be allowed to continue in the post of Junior Engineer, necessarily, has to adverted to by allowing the parties to raise pleadings in this regard. ... The learned Counsel for the petitioner would submit that, the post of 5th En....
2016 Supreme(Online)(KER) 44520 • India - High Court of Kerala
A. K. Jayasankaran Nambiar, J
Education - Employment - Orders on Teacher Post - Act Section List - The court evaluated the legality of orders regarding the ... abolition of a teacher's post and related salary recoveries, interpreting the implications of protected teacher status and prior ... Fact of the Case: The petitioner, who is the Headmistress of Leo XIII High School, Pulluvila, Thiruvananthapuram, is aggrieved by Ext.P8 order, whereby the Government rejected a representation against Ext.P6 order of the DEO, which directed the abolishment ... Thus, in any view o....
2021 0 Supreme(HP) 234 • India - Himachal Pradesh
SANDEEP SHARMA
against which petitioner stands selected till next date of hearing - After abolishment of Himachal Pradesh Administrative Tribunal ... Administrative Tribunal in OA - Erstwhile Himachal Pradesh Administrative Tribunal vide order directed respondent-University not to fill up post ... Shri Negi, otherwise has fairly admitted that one post of Junior Office Assistant (IT) is still vacant. 16. ... Having heard learned counsel for the parties and perused the material available on record this court finds that there is no disput....
2025 Supreme(Online)(CAT) 1228 • India - Central Administrative Tribunal
MR. RAJINDER SINGH DOGRA, J, MR. RAM MOHAN JOHRI, A
(A) Constitution of India - Articles 14 and 16 - Promotion of Junior Engineers - Petitioners eligible for promotion to Junior Engineer ... ... ... Result: Petitioners directed to be promoted to Junior Engineer Grade-I with all consequential benefits. ... (Paras 13-14) ... ... Facts of the case: ... Petitioners were eligible for promotion to Junior ... The respondents are directed to promote the petitioners to the post of Junior Engineer Grade-I from Junior Engine....
2017 0 Supreme(Gau) 758 • India - Gauhati
MANOJIT BHUYAN
worked as Lecturer at Melamora Junior College – At the relevant point of time there were 48 Junior Colleges in the State and for ... Assam Junior College (Provincialisation) Act, 1996 – Section 3 – Her deceased husband Paresh Chandra Sarma ... ) Act, 1996 was brought into force – Claiming benefits under the said Act, Civil Rule 922/1997 was instituted by Assam Junior College ... employees of all the 48 Junior Colleges in the State. ... The said notification was followed by Notification dated 13.04.1999 ....
2012 0 Supreme(Mad) 2067 • India - Madras
C.T.SELVAM
The petitioner, holding a Post-Graduate degree in Sociology, repeatedly applied for the post of District Extension Educator but was ... of the third respondent and the consequent order passed by the second respondent, and to direct the respondents to fill up the post ... Upon abolishment of such scheme, the Government decided to freeze the number of employees deployed for leprosy control and absorbed them in other departments. ... It is also learnt that appointment orders have been issued in favour of Junior#HL....
2018 0 Supreme(Del) 2436 • India - Delhi
HIMA KOHLI, REKHA PALLI
The Tribunal directed the petitioners to consider the respondent's case for regularization in preference to juniors and outsiders ... provisions of OA No.2124/1999, which directed the petitioners to consider the respondent's case for regularization in preference to juniors ... Ratio Decidendi: The court held that the respondent's case for regularization should be considered in preference to juniors ... Even otherwise, it is an undisputed position that regularization of 11 persons junior to the respondent had been done m....
2010 0 Supreme(Ori) 235 • India - Orissa
B.N.MAHAPATRA, A.S.NAIDU
held, Court has very limited power to interfere with the decision of the Government in the matter of creation, continuation and abolishment ... These works are done by their junior engineers (civil) with the help of skilled/unskilled labourers. ... Relying on a couple of decisions of the apex Court, in State of Haryana & Ors. Vs. ... ... Otherwise also,this Court has very limited power to inter¬fere with the decision of the Government in the matter of crea¬tion, continuation and abolishment of posts, which power rests with the sovereig....
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