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Our Practice area

Service Law

Service Law Practice at Adv Avinash Singh of Avinash Law Offices

Service law in India governs the legal relationship between the government or public sector employers and their employees. It encompasses a wide range of issues including recruitment, promotions, transfers, disciplinary actions, retirements, pension entitlements, and constitutional rights of civil servants. At our law firm, we have built a robust and specialized service law practice that provides effective legal representation to employees and employers alike across a range of forums including the Central Administrative Tribunal (CAT), State Administrative Tribunals, High Courts, and the Supreme Court of India.

We represent civil servants, public sector employees, autonomous bodies, and occasionally institutions and government departments. Our firm is committed to protecting the service rights of employees and ensuring lawful, fair, and just treatment in service matters.

Understanding Service Law in India

Service law is not governed by a single legislation but is shaped by a combination of constitutional provisions, service rules, judicial precedents, and executive instructions. Key legal frameworks include:

  • Constitution of India – Articles 14, 16, 309–311 deal with equality, public employment, and safeguards to civil servants.

  • Service Rules – Central Civil Services (Conduct) Rules, Central Civil Services (Classification, Control & Appeal) Rules, and similar state rules.

  • Administrative Tribunals Act, 1985 – Provides for the establishment of tribunals for speedy adjudication of service disputes.

  • Relevant departmental rules and regulations – Framed by government departments or public authorities under constitutional or statutory powers.

Service law applies to a wide variety of employees including:

  • Central Government employees

  • State Government employees

  • Public Sector Undertakings (PSUs)

  • Autonomous bodies and statutory authorities

  • Teachers in government or aided institutions

  • Employees of local bodies and municipalities

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Dimensions of Our Service Law Practice

Our law office offers end-to-end legal services in the area of service law, combining legal expertise, policy knowledge, and practical insight to assist clients at every stage of their service journey. We represent clients from the pre-recruitment stage to post-retirement entitlements, covering all legal issues in between.

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1. Recruitment and Appointment Disputes

We handle legal challenges related to:

  • Irregularities in recruitment procedures

  • Cancellation of selection lists or appointment orders

  • Disqualification on grounds of overage, qualifications, or background verification

  • Denial of appointment despite merit or selection

We represent aspirants and selected candidates before tribunals and courts, ensuring their right to fair and transparent recruitment is upheld.

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2. Promotion and Seniority Disputes

Promotion and seniority are often contentious in public service. We assist clients with:

  • Denial or delay of promotion

  • Disputes over seniority lists

  • Improper implementation of reservation in promotion

  • Challenges to promotion quotas, rules, or DPC proceedings

Our firm regularly handles such matters before service tribunals and High Courts, ensuring that merit and rules prevail in promotional avenues.

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3. Transfer and Posting Matters

Transfers are a routine part of public service, but when they are arbitrary, punitive, or mala fide, they become a legal issue. We file petitions challenging:

  • Transfer orders issued without jurisdiction

  • Frequent or mid-term transfers

  • Transfers issued in violation of policy

  • Victimization through transfers

We also assist clients in securing relief in the form of stay orders, modifications, or appropriate directions from courts and tribunals.

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4. Disciplinary Proceedings and Departmental Inquiries

Employees often face inquiries or penalties for alleged misconduct. Our firm represents clients in:

  • Chargesheet and show-cause notice responses

  • Departmental inquiry representation and cross-examination

  • Appeals against penalties under CCS (CCA) Rules

  • Quashing of disciplinary proceedings initiated in violation of natural justice

  • Suspension challenges and reinstatement proceedings

We ensure that due process is followed and that disciplinary actions are not misused as a tool of harassment or bias.

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5. Termination, Dismissal, and Removal from Service

Our firm handles cases of wrongful termination, compulsory retirement, or dismissal from service, especially where:

  • No proper inquiry has been conducted

  • Orders are disproportionate to the alleged misconduct

  • The employer acted beyond its powers or contrary to service rules

We seek reinstatement, back wages, or appropriate compensation as the case demands.

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6. Pension, Gratuity, and Post-Retirement Benefits

We assist retired government employees in ensuring they receive their rightful benefits, such as:

  • Delay or denial of pension

  • Revision of pension or arrears

  • Gratuity calculations and disputes

  • Commutation and leave encashment

  • Legal heirs' claims in case of deceased employees

We handle these matters through representation before the pension sanctioning authorities, as well as litigation before appropriate forums.

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7. Reservation Policy and Service Quotas

Reservation in employment and promotion for SC/ST/OBC/EWS categories involves both policy interpretation and litigation. We advise and represent clients in:

  • Challenges to implementation or violation of reservation norms

  • Issues involving creamy layer, backlog vacancies, or roster maintenance

  • OBC non-creamy layer and EWS certificate-related litigations

We also assist general category candidates in cases where merit is compromised or reservations are applied incorrectly.

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8. Contractual, Ad Hoc, and Daily Wage Employees

We represent temporary or ad hoc employees in cases involving:

  • Denial of regularization or continuation

  • Termination without notice or process

  • Claims for equal pay for equal work

  • Conversion of contractual employment into permanent service

We rely on key precedents such as State of Karnataka v. Uma Devi and subsequent judicial clarifications to frame effective legal arguments.

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9. Constitutional Remedies and Writ Petitions

For cases beyond the jurisdiction of tribunals or involving constitutional violations, we regularly file:

  • Writ petitions under Article 226 before High Courts

  • Special Leave Petitions under Article 136 before the Supreme Court

  • Contempt petitions for non-compliance with orders

  • Review and curative petitions in exceptional circumstances

We blend service law knowledge with constitutional jurisprudence to secure timely and just outcomes.

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Forums We Appear Before

Our service law practice spans across:

  • Central Administrative Tribunal (CAT) – Principal Bench and all regional benches

  • State Administrative Tribunals (SATs)

  • High Courts of various states

  • Supreme Court of India

  • Departmental authorities, Appellate Officers, and Review Committees

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Our Clients

We represent a wide and diverse range of clients in service law matters:

  • Central and State Government employees

  • Officers from IAS, IPS, IRS, and other civil services

  • Employees of public sector undertakings (PSUs)

  • Teachers and staff of government-aided institutions

  • Autonomous bodies and regulatory institutions

  • Retired government employees and pensioners

  • Contractual and ad hoc staff seeking regularization

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Why Choose Us

  • Specialized Experience: We have deep expertise in service jurisprudence and years of experience arguing complex service matters.

  • Pan-India Presence: Our firm handles service law matters across all major jurisdictions in India.

  • Empathetic Representation: We understand the emotional and professional toll service disputes take on employees.

  • End-to-End Solutions: From initial departmental representation to final appeals, we provide complete legal support.

  • High Success Rate: Our strategic, research-backed advocacy has yielded consistent and favorable outcomes for clients.

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Service law touches upon the professional lives, dignity, and rights of public servants. Whether you’re facing injustice in promotion, wrongful termination, or denial of pension, our firm is here to stand with you. With unmatched legal acumen and a client-focused approach, we work to ensure that justice is not just promised—but delivered.

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For expert advice, representation, or consultation on any service law issue, reach out to our team. Let us help you defend your service rights with clarity, commitment, and integrity.

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