holding disciplinary proceedings. Applicant on equitable consideration should have been continued as Production Assistant and the reasoning assigned ... Production Assistant on 27.12.1993 having been accepted and culminated into confirmation on assignment of seniority in the grade, respondents at this belated stage without
consider necessary for dealing with the case in a
just and equitable manner. It is noteworthy that the Respondent No.2
vide correspondence dated ... 2016-
IFS-II refixed the seniority of an officer who was assigned 2017 to 2016
batch, by invoking the powers conferred under Rule
consider necessary for dealing with the case in a
just and equitable manner. It is noteworthy that the Respondent No.2
vide correspondence dated ... 2016-
IFS-II refixed the seniority of an officer who was assigned 2017 to 2016
batch, by invoking the powers conferred under Rule
balancing the
rights of the Applicant and Respondent No. 5 in an equitable
manner. She draws attention to Rule 3 of the All India Services ... just and equitable manner. She closes her arguments stating that
in the event the seniority of 2011 is not assigned to the
Applicant, she would
assigning of a lower seniority, he had consequently been unjustly deprived of his Fundamental Right to be considered for promotion fairly and equitably. In this ... case.
Ordinarily, it is a settled proposition of law that question of assigning of seniority arises only in relation to employees, who are similar circumstanced
unfit for assignment of
functional rank of ACP and not assigned functional rank of ACP.
Further, the respondent be directed to assign functional rank ... orders, which this Hon'ble Tribunal may
deem just and equitable in the facts & circumstances of the case."
2. Learned counsel
person is asked to discharge duties far more than the ones assigned to his job, would not be paid anything extra. In that case ... been made, in our view, would not be enough to decline an equitable relief to the employee concerned.
10. In view of the discussion
constitutional body established under Articles 315 to 323 of the Constitution assigned the function of primarily undertaking recruitment and selection of civil posts under Article ... autonomous modes of functioning and procedures objectively and in a just and equitable manner including reasonable classification of various applicants on the basis of their
been briefly argued that most of the posts of Sis have been assigned/apportioned to the General Cadre with the result that there is stagnation ... should be taken so that all the ASIs are treated in an equitable manner. This question is accordingly left open.
11. As can be seen
holding a particular charge indefinitely.
iv. Lack of Vested Right: Since the assignment of 'Head of
Sub-Division' was never a product ... which mandates the rotation of headship among eligible
scientists to ensure equitable opportunity. Thus, the applicant's
prayer for reinstatement based on her seniority