Search Results Page

Search Results

1 - 10 of 111 (2.15 seconds)
Documents citing Union Of India And Ors vs Arun Kumar Roy on 23 January, 1986

Ashis Kumar Banik vs Tripura Co-Operative Land Development ... on 7 December, 2000

10. It was finally submitted by Mr. Bhattacherjee, learned counsel for the petitioner, that under the offer of appointment as well as rule 23 of the Rules, the services of the petitioner could be terminated either by one month's notice or in lieu thereof one month's pay at the time of termination, but the petitioner has not been given one month's notice nor paid one month's pay at the time of termination. According to Mr. Bhattacherjee, the impugned order terminating the services of the petitioner was liable to be quashed on this ground alone. Mr. U.B. Sana, learned counsel appearing for the respondents, referring to the averments in the counter - affidavit, submitted that along with the order of termination one month's salary was also offered to the petitioner by the authority on 13.12.1993 when the petitioner attended the Co-operative Bank, but he refused to take the termination order and one month's salary. Mr. Saha explained that subsequently the mother of the petitioner received the termination order but refused to accept one month's salary which was offered to her on the ground that the petitioner was not present in house at the relevant time. Mr. Saha however contended that it was not obligatory under rule 23 of the Rules to pay one month's salary along with the termination Order and cited the decision of the Supreme Court in Union of India v. Arun Kumar Roy, (1986) 1 SCC 675, in support of this of this submission.
Gauhati High Court Cites 12 - Cited by 0 - A K Patnaik - Full Document

Mrs Tara Karatha vs Prime Minister Office on 15 November, 2016

120. As was held in Paragraphs 18 & 19 of the Hon'ble Supreme Court's judgment in the case of Union of India and others v. Arun Kumar Roy (supra), even in the case of an employee under the Government, who enters service on a contract, the terms and conditions of service of the employee will, once he was so appointed, be governed by the rules governing his service conditions, and it will not be permissible thereafter (either for him, or for the Government) to go back to and rely upon the terms of the contract, which are not in consonance with the rules 81 OA No.3963/2014 governing the service, since the powers of the Government under Article 309 of the Constitution to make Rules regulating the service conditions of the Government employee cannot in any manner be fettered by any agreement. Here, in the instant case, it is the other way round. After having bound the applicant with all the fetters of the Service Rules and Regulations from the day 1, i.e., 03.10.2003, it is the Govt. of India which is trying to go back and to try to turn the clock back, to the detriment of the applicant's accrued rights.
Central Administrative Tribunal - Delhi Cites 62 - Cited by 0 - Full Document

Robin Sharma vs Apparel Training And Design Centre ... on 10 February, 2021

In Union of India (UOI) and Ors. v. Arun Kumar Roy (supra), the question was whether a temporary government servant could be terminated as the one month's salary and allowance was not paid. The Court held that the employees were governed by Central Civil Service Temporary Service Rules, 1965 and not the order of appointment. Once an employee is appointed by a public authority, though the employment originates in a contract, it acquires a status under the service rules and would no longer be under the contract. Paragraphs 18 and 19 are relevant and are set out below:
Delhi High Court Cites 38 - Cited by 1 - P M Singh - Full Document

Chander Prakash vs Apparel Training And Design Centre ... on 10 February, 2021

In Union of India (UOI) and Ors. v. Arun Kumar Roy (supra), the question was whether a temporary government servant could be terminated as the one month's salary and allowance was not paid. The Court held that the employees were governed by Central Civil Service Temporary Service Rules, 1965 and not the order of appointment. Once an employee is appointed by a public authority, though the employment originates in a contract, it acquires a status under the service rules and would no longer be under the contract. Paragraphs 18 and 19 are relevant and are set out below:
Delhi High Court Cites 38 - Cited by 0 - P M Singh - Full Document

Ved Prakash vs Apparel Training And Design Centre ... on 10 February, 2021

In Union of India (UOI) and Ors. v. Arun Kumar Roy (supra), the question was whether a temporary government servant could be terminated as the one month's salary and allowance was not paid. The Court held that the employees were governed by Central Civil Service Temporary Service Rules, 1965 and not the order of appointment. Once an employee is appointed by a public authority, though the employment originates in a contract, it acquires a status under the service rules and would no longer be under the contract. Paragraphs 18 and 19 are relevant and are set out below:
Delhi High Court Cites 38 - Cited by 0 - P M Singh - Full Document

Utkarsh Srivastava vs M/O Defence on 12 December, 2024

22.​ We are also inclined to discuss the case laws cited by the applicants and the respondents individually. So far as those relied upon by the applicants are concerned, (i) the case of S. Muthu Krishnan (supra) cannot be applied in the present case as here the error in evaluation is not the reason for termination of the applicants but the reason is that the whole process of awarding marks was against the guidelines of the recruitment process, (ii) the case of Union of India vs Arun Kumar (supra) would not come to the rescue of the applicants since this is not a case where the applicants can be filtered as untainted or tainted in a mass irregularity since the officials incharge in the recruitment process themselves have been involved in the some serious irregularities,
Central Administrative Tribunal - Allahabad Cites 42 - Cited by 0 - Full Document

Management Of M.C.D vs Prem Chand Gupta And Anr on 16 December, 1999

Learned counsel, Ms. Binu Tamta, appearing for the appellant-Corporation vehemently contended that the Division Bench of the High Court was patently in error in relying upon the judgment of this Court in Senior Superintendent, R.M.S., Cochin and Anr. v. K.V. Gopinath Sorter's case (supra) as the said decision was expressly overruled by treating it to be per incuriam by a later bench of this Court in the case of Union of India and Ors. v. Arun Kumar Roy, [1986] 1 SCC 675, It was submitted by her that on 29.4.1966 when the respondent-workman's services were terminated, Rule 5 of the Rules was not in force but only Rule 5 of the latter Rules as duly amended had come into force. By the latter Rules, the earlier Rules were superceded and, therefore, the reference to the Rules in Service Regulations of 1959 framed by the appellant-Corporation had to be treated as reference to the superceding and repealing rules i.e. the latter Rules and as per Rule 5 of the latter Rules then applicable, it was not necessary for the appellant-Corporation to pay compensation simultaneously with the order of termination and it could be paid even later oh. Thus the amended Rule 5 could be said to have been duly complied with by the appellant Corporation.
Supreme Court of India Cites 17 - Cited by 74 - S B Majmudar - Full Document

Poonam Bhargava vs Apparel Training And Design Centre ... on 10 February, 2021

In Union of India (UOI) and Ors. v. Arun Kumar Roy (supra), the question was whether a temporary government servant could be terminated as the one month's salary and allowance was not paid. The Court held that the employees were governed by Central Civil Service Temporary Service Rules, 1965 and not the order of appointment. Once an employee is appointed by a public authority, though the employment originates in a contract, it acquires a status under the service rules and would no longer be under the contract. Paragraphs 18 and 19 are relevant and are set out below:
Delhi High Court Cites 38 - Cited by 0 - P M Singh - Full Document
1   2 3 4 5 6 7 8 9 10 Next