Saturday, July 17, 2010

CASE LAW : SERVICE MATTER

### PROMOTION CAN BE DENIED TO PERSON NOT COMPLYING WITH REQURIMENTS OF SUCH HIGER MEDICAL STANDARDS UNDER SECTION 47 [2] OF PERSONS WITH DISABILITIES[EQUAL OPPORTUNITIES,PROTECTION OF RIGHTS AND FULL PARTICIPATION]ACT.1966.THIS IS THE VIEW OF SUPREME COURT.


### DAILY WAGERS ARA NOT INCLUDED IN GOVT. EMPLOYEE. DEPENDENT OF DAILY WAGER CAN NOT CLAIM COMPASSIONATE APPOINTMENT OF DEPENDENTS OF GOVT. SERVENTS DYING IN HARNESS RULES,1974. IT IS HELD BY HIGH COURT ALLAHABAD.


### THE RIGHT OF ELIGIBLE EMPLOYEES TO BE CONSIDERED FOR PROMOTION IS VIRTUALLY A PART OF THEIR FUNDAMENTAL RIGHT GUARANTEED UNDER ARTICLE 16 OF CONSTITUTION OF INDIA. SUPREME COURT HELD THAT THE GURANTEE OF A FAIR CONSIDERATION IN MATTER OF PROMOTION VIRTUALLY FLOWS FROM GUARANTEE OF EQUALITY UNDER ARTICLE 14 OF CONSTITUTION.


*** PRAMOD KUMAR AGRAWAL, ADVOCATE, MEMBER: HIGH COURT BAR ASSOCIATION, ALLAHABAD

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