Cases and Materials on Service Disputes

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Description
Management of public affairs has emerged as a specialised job requiring pervasive sense of equity. The canons of justice demands every party being meted out his due in all disputes that may arise. Status and security are the prime concerns for the service-holders while efficiency and transparency are the expectations of management as the custodian of people's faith. The courts have to strike a balance.
The distinguishing features
This book is an elaborate treatment of all the issues that pertinently arise in this realm. The huge volume spread over 36 chapters arranged into 13 parts shed light on every corner in the areas of public service that need be peeped into for adjudicating disputes. These disputes in public service may require treatment sometimes from the point of view of the employers, sometimes from the employees and are often aimed at identifying certain practical difficulties, peculiar therein, with a view to just solution by the adjudicator. The book is fully exposed to all such situations and meets every possible contingency. Judicial precedents have been carefully compiled to trace the current trends highlighting the distinguishing features. The book also offers to public servants themselves an insight into practical approach to their personal grievances on the threshold of litigation and to weigh for themselves the worth of such grievances and possibilities for remedy.
Coverage of topics
Apart from the incidents of appointment, issues arising out of salary, probation, seniority, promotion, transfer, termination, resignation or retirement which go with public service, the book covers at length the questions on discipline and departmental proceedings, the Constitutional questions involved and above all, the provisions of the Administrative Tribunals Act.
A reliable Companion in need
The Book thus is a reliable support for every public servant, each legal practitioner in public service litigations, members of the bench, administrators in management as well as academicians and others interested
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Contents
Part I
    Chapter 1. Establishment of a New Forum outside Civil Courts
    Chapter 2. Administrative Tribunals Act, 1985
Part II
    Chapter 3. Administrative Instructions under Articles 73 and 162 of the
    Constitution
    Chapter 4. Rules under Proviso to Article 309 of the Constitution
Part III
    Chapter 5. Procedure Prescribed for Creating Legal Relationship
    Chapter 6. Appointment
    Chapter 7. Ad hoc Appointments
Part IV
    Chapter 8. Conditions of Public Service
Part V
    Chapter 9. Other Employments under the State
    Chapter 10. Casual Labour
    Chapter 11. Canteen/Cooperative Staff
    Chapter 12. Contract Labour
Part VI
    Chapter 13. Equality and Classification
Part VII
    Chapter 14. Judicial Review of Administrative Functions
    Chapter 15. Factors Vitiating Administrative Decisions
Part VII
    Chapter 16. Protection of Pay, Transfer and ACP Schemes
    Chapter 17. Annual Confidential Rolls and Compulsory Retirement
    Chapter 18. Probation
    Chapter 19. Seniority
    Chapter 20. Promotions
Part IX
    Chapter 21. Change of Appointments and Their Effect
    Chapter 22. Orders Affecting Financial Benefits
Part X
    Chapter 23. Termination of Service
    Chapter 24. Resignation From Service
    Chapter 25. Voluntary Retirement
    Chapter 26. Retirement on Superannuation
Part XI
    Chapter 27. Enforcing Discipline Against Unauthorised Absence
    Chapter 28. Initiating Departmental Proceedings
    Chapter 29. Suspension
Part XII
    Chapter 30. Enforcing Discipline
    Chapter 31. Ingredients of a Fair Procedure
    Chapter 32. Finding Delinquency
    Chapter 33. Penalty, Appeal and Judicial Review
    Chapter 34. Agency Enquiry and After Retirement Proceedings
Part XIII
    Chapter 35. Pleadings Generally
    Chapter 36. Some Concepts
Appendices
1.    The Prevention of Corruption Act, 1988
2.    Selected Sections Relating to “Civil Service” from the Government of India Act, 1935
3.    Constitutional Provisions on “Civil Service” under the Constitution of India, 1950
Index
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Author Details
Ranadhir Kumar De, B.Com, LLB, Advocate, High Court at Calcutta, Central Administrative Tribunal, State Administrative Tribunal, Calcutta
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