SERVICE MATTERS

What Are Service Matters?

Service matters relate to legal issues arising between employees (particularly government or public sector employees) and their employers in connection with service conditions, employment rights, promotions, suspensions, disciplinary actions, retirement benefits, and more.

These disputes commonly arise in the public sector, including government departments, PSUs, autonomous bodies, and semi-government institutions. Private sector employees may also approach courts on specific employment issues under labor laws or contract law.

Key Issues in Service Matters

1. Appointment Disputes
   • Irregular or arbitrary appointments
   • Challenge to recruitment process or selection results
2. Promotion and Seniority Disputes
   • Denial of promotion despite eligibility
   • Manipulation or errors in seniority list
   • Violation of reservation policy
3. Transfer and Posting Disputes
   • Arbitrary, punitive, or politically motivated transfers
   • Violations of transfer policy
4. Suspension and Disciplinary Actions
   • Suspension without valid cause or procedure
   • Harsh or unlawful punishment
   • Delay in departmental inquiries
5. Termination and Dismissal
   • Illegal termination of probationers or contract staff
   • Dismissal without due process
6. Pension, Gratuity & Retirement Benefits
   • Delays or wrongful denial of retirement dues
   • Premature retirement without justification
7. Regularization of Service
   • Contract or ad-hoc employees seeking permanent status
   • Violation of equal pay for equal work principles
8. Pay Scale, Increments & Allowance Issues
   • Non-implementation of pay commission recommendations
   • Disputes over grade pay or pay band
9. Service Rules Interpretation
   • Clarification and legal interpretation of conduct rules, leave rules, etc.

Key Legal Provisions and Principles

• Article 311 of the Constitution – Safeguards for dismissal/removal from service
• Article 14 & 16 – Equality in public employment
• Administrative Tribunals Act, 1985 – Governs CAT and SATs
• Service Rules – CCS Rules, Conduct Rules, Leave Rules, Pension Rules
• Industrial Disputes Act, 1947 – For non-managerial private employees
• Landmark judgments on natural justice, arbitrariness, and equal pay

How Lawtech Can Help in Service Matter Cases

At Lawtech, we provide professional legal representation and advisory services in service law matters for government employees, PSU staff, contractual workers, and retired personnel.

1. Case Review and Legal Advice

• Evaluate appointment orders, transfer notices, inquiry reports
• Provide strategic advice on legal remedies and forums available

2. Drafting of Legal Petitions

• File Original Applications (OA) before CAT or SAT
• Writ petitions before High Courts under Article 226
• Appeals, Review Applications, and SLPs in higher courts

3. Disciplinary Proceedings Defense

• Defend clients during departmental inquiries
• Challenge show cause notices, charge sheets, and punishment orders
• Representation in Vigilance and CVC matters

4. Promotion and Seniority Litigation

• Legal assistance in promotion denials or irregularities
• Challenge DPC proceedings, reservation violations, or service rules misuse

5. Pension, Gratuity, and Retirement Dues

• File claims for unpaid or delayed retirement benefits
• Represent retired employees or their families in pension disputes

6. Contractual Employee Protection

• File cases for regularization or parity in pay
• Assist in termination challenges for temporary or casual workers

7. Transfer and Posting Challenges

• File urgent petitions against arbitrary transfers
• Seek stay orders and interim relief from tribunals or courts

8. Representation in Tribunals and Courts

• Appear before CAT, SATs, Labour Courts, and High Courts
• Full drafting and argument support from start to judgment

Why Choose Lawtech for Service Law Cases?

• Deep experience in Administrative and Constitutional Law
• Skilled team of advocates specializing in tribunal and High Court litigation
• Strong knowledge of service rules and government regulations
• Efficient handling of urgent matters like suspensions and transfers
• Transparent case progress reporting and client communication
• Available for pan-India representation and online consultations