Bombay High Court Service And Labour Laws Digest 2023

1. Bombay High Court Allows Compassionate Appointment To Teacher's Brother As He Is Looking After Family Of The Deceased Case Title: Vinod v. State of Maharashtra Citation: 2023 LiveLaw (Bom) 11 The Bombay High Court's Nagpur bench carved out an exception to continue the compassionate appointment of a junior clerk after the demise of his married brother on the grounds that he was caring for his sister-in-law and nephew since 2013. A division bench of Justices Sandeep Shinde and Vrushali Joshi directed the Education Officer to grant his approval to continue the petitioner's service in Wadha school under the compassionate appointment category but also upheld the Scheme against the petitioner. According to the government resolutions dated December 31, 2002 and September 21, 2017 a married deceased's widow and child are the only persons eligible for compassionate appointment, not the dependent brother. Siblings would be considered only if the man was unmarried. The exceptional circumstance in the present case was that the deceased's wife had given her no objection to her brother-in-law's appointment. The bench noted that “since Petitioner is looking after family of the deceased since 2013, we think, it would not be appropriate to discontinue the Petitioner's services in the above facts and circumstances.” The government pleader submitted that for the scheme of compassionate appointment an unmarried man's siblings and a married person's spouse and children are only to be considered as dependents. The court upheld the scheme but directed the Education officer to make an exception. 2. Minor Contradiction In Deposition Would Not Render Entire Evidence Unacceptable: Bombay HC Upholds MSRTC ATI's Dismissal Due To Bribery Allegation Case Title: Maharashtra State Road Transport Corporation and Anr. v. Ravindra Adhar Gosavi Citation: 2023 LiveLaw (Bom) 21 Observing that a minor contradiction in witness deposition wouldn't render the entire evidence of the witness unacceptable, the Bombay High Court upheld the dismissal of an Assistant Traffic Inspector (ATI) of MSRTC for allegedly demanding and accepting bribe. Justice Sandeep V. Marne of Aurangabad bench allowed a writ petition by MSRTC challenging Labour Court's decision to quash the ATI's dismissal. There was a contradiction between the charge sheet in the domestic inquiry and the complainant's testimony about who exactly accepted the bribe amount. “existence of minor contradiction is deposition would not render the entire evidence of a witness completely unacceptable...Considering the overall evidence of the Complainant Shri. Dhivare, it does appear probable that the Respondent not only demanded the gratification but also probably accepted the same. Whether he accepted it himself or through Shri, Kayasth is not the relevant factor”, the court said. 3. Cannot Direct State To Consider Degree Holders For Junior Engineer Posts When Recruitment Rules Say Only Diploma Holders Eligible: Bombay High Court Case Title: Milind Shantilal Rathod and Ors. v. State of Maharashtra and Anr. Citation: 2023 LiveLaw (Bom) 66 The Bombay High Court refused to direct the State to consider degree holders in Civil Engineering as eligible for the post of Junior Engineer in the Water Resources Department as the recruitment rules only provide for diploma in Civil Engineering or equivalent qualification. Acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne dismissed a writ petition filed by 610 Civil Engineering degree holders challenging the eligibility criteria. 4. Minority Institution Cannot Reinstate Retired Employee Who Retained Full Retiral Benefits: Bombay High Court Case Title: Mohammed Mussaviruddin Mohammed Naziruddin v. State of Maharashtra Citation: 2023 LiveLaw (Bom) 104 The Bombay High Court held that the management of a minority institution cannot act as per its whims and allow a retired employee who retained full retiral benefits to return whenever he desires. A division bench of Justice Ravindra Ghuge and Justice Sanjay Deshmukh sitting at Nagpur upheld the Education Officer's order rejecting approval for reinstatement of a retired employee as headmaster of Dr. Zakir Hussain High School, Sailu, Dist. Parbhani. The court further observed that reinstatement on the basis of a private arrangement between the management and the employee would lead to serious uncertainty and dislodge the candidate selected on the vacancy arising out of such voluntary retirement of an employee. 5. Eligibility Of Researcher For Any Post Determined By Acceptance Of Research Paper For Publication Rather Than Actual Publication: Bombay High Court Case Title: Dr. Sunil s/o Nilkanth Washimkar v. State of Maharashtra and Ors. Citation: 2023 LiveLaw (Bom) 106 The Bombay High Court held that only the acceptance of a research...

Bombay High Court Service And Labour Laws Digest 2023

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