News

March 15, 2019

Service Rules should be known by employee, not for employer to advise him about them


law-hammer

It is for an employee to know the service rules and an employer is not expected to advise him/her about them, the Supreme Court has observed.

An appeal by an employee against the Madras High Court order dismissing his challenge against the Central Administrative Tribunal was being considered by the bench comprising Justice L. Nageswara Rao and Justice MR Shah. The Central Administrative Tribunal noted that the employee was not aware of the quota-rota rule maintained by the department and also how the seniority list would be fixed between the LDCE appointee and direct recruitee.

The bench observed that he could not be denied his legitimate right which would have a bearing on his seniority on grounds that the department failed to give proper guidance and advice to one of its employees.

The apex court bench in the appeal (P Subramaniyam versus Union of India) noted that as per rules, the seniority was required to be fixed as per the quota-rota rule and as per the rule position that year, the direct recruitee had to be placed below the LDCE quota since the LDCE selection process was treated as fast track promotion.

Related Post

latest News

  • Hapur Lynching: SC Asks Petitioner To Approach The Trial Court For Direction To Police

    The Supreme Court declined to direct the Uttar Pradesh police to file supplementary charge sheet in order to place on record the recently recorded 164...

    Read More
  • Co-founding Partner of Trilegal Mumbai, Karan Singh, to move to Bangalore

    Co-founder of Trilegal, Karan Singh, who has been based out of Mumbai, will relocate to Bangalore within the next four months.

    Read More
  • Now DSK adds HSA Delhi and Mumbai partner Nand Kishore and team

    Co-founding partner of DSK Legal Satish Kishanchandani is leaving the firm with two corporate partners and their teams in the coming months.

    Read More