Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Back wages |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Back wages – Payment of, to Medical officer – Justification of – On facts, petitioner-Medical officer transferred to State of Uttar Pradesh as per the option given by the Medical officers – Though the petitioner posted at place B, but he did not join there and gave letter to Director of Medical Health Services of his joining in that office – Writ petition by petitioner seeking the State to post him as a Medical Officer in any Hospital, allowed by the Single Judge – Pursuant thereto, petitioner was issued fresh posting order – Thereafter, another petition by petitioner seeking payment of back wages – However, the Principal Secretary declined the grant of back wages since the petitioner did not perform any government work from 2003 till 2016 – Said decision challenged by filing another writ petition – Single Judge holding that the petitioner was gainfully employed during this period but still granted 50% back wages – Division Bench upheld the same – On appeal, held: Petitioner was to report at the place of posting and after reporting at the place of posting, he should have asked for transfer, if permissible – He could not have dictated the place of posting without even joining the place where he was first posted – Also he could not defy the order of transfer on the ground of non- communication when more than 100 Medical Officers were transferred by the same common transfer order – Order of Uttarakhand Government relieving the petitioner was in pursuance of the order of the UP Government, thus, is a case of feigned ignorance – Furthermore, under the guise of waiting for his posting orders he started his own private practice in the said period – As the petitioner was gainfully employed, the grant of 50% of back wages for the entire period would be giving benefit of one’s own wrong who intentionally abstained from duty for 13 long years – In view thereof, the State was negligent in not taking action against the writ petitioner for absence from duty – Thus, the orders of theHigh Court are wholly unjustified, unwarranted, arbitrary and illegal and are set aside. Judicial deprecation: Summoning of public officers – Practice developed wherein certain High Courts calling public officers frequently to court – Held: Summoning of officers frequently is not appreciable at all – Same is condemned in the strongest words – Line of separation of powers between Judiciary and Executive is sought to be crossed by summoning the officers and in a way pressurizing them to pass an order as per the whims and fancies of the Court – Public officers of the Executive are also performing their duties as the third limbs of the governance – Public officers should not be called to court unnecessarily – Dignity and majesty of the Court is not enhanced when an officer is called to court – Summoning of the officer is against the public interest as many important tasks entrusted to him gets delayed. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 327 |
Petitioner | The State Of Uttar Pradesh & Ors. |
Respondent | Dr. Manoj Kumar Sharma |
SCR | [2021] 8 S.C.R. 48 |
Judgement Date | 2021-07-09 |
Case Number | 2320 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |