Illegal To Withhold Employee's Pension, Gratuity Particularly When Already Enrolled In An Old Pension Scheme: Rajasthan High Court

The Rajasthan High Court recently directed a Municipal Corporation to release an employee's pension and gratuity payments holding that withholding such benefits was illegal, unjust and arbitrary. Justice Anoop Kumar Dhand added that the Corporation asking him to choose between the New Pension Scheme and Old Pension Scheme, given the petitioner's prior enrolment in the Old Pension Scheme was...

Maternity Leave Can't Be Denied To Mother Who Has Begotten Children Through Surrogacy: Rajasthan High Court

In a significant order, the Rajasthan High Court has clarified that a natural biological mother, and a mother who has begotten a child through surrogacy cannot be differentiated for the purpose of granting maternity leave.The single-judge bench of Justice Anoop Kumar Dhand also opined that babies newly born through the process of surrogacy cannot be left at the mercy of others, and they...

Constable Dismissed On Bribery Complaint Gets Relief After Death; Rajasthan High Court Sets Aside Punishment Citing Lack Of Enquiry

The Rajasthan High Court has set aside the dismissal order of a deceased Head Constable who was allegedly caught on an audio clip demanding bribe for release of a vehicle carrying liquor.The single judge bench of Justice Anoop Kumar Dhand noted that the dismissal order was passed without holding enquiry or following the procedure contained under the Rajasthan Civil Services...

Rajasthan High Court Strikes Down Restriction Placed On Govt School Teachers’ Appointment After Declaration Of Results

Rajasthan High Court has recently struck down a clause incorporated in the appointment orders much after the declaration of results, which in turn, restricted the relieving of incumbent teachers currently working at Government English Medium Schools who had earlier duly qualified for appointment at other schools.The single-judge bench of Justice Arun Bhansali also pointed out that the issuance...

Rajasthan High Court Refuses Bail To Accused In Jail Since 9 Yrs Over Alleged Links With Indian Mujahideen, Says No Unnecessary Delay In Trial

Rejecting the bail applications filed by two accused incarcerated for over 9 years for their alleged participation in terrorist activities by being associated with Indian Mujahideen, Rajasthan High Court has observed that the evidence available with the prosecution prima facie indicates their role in the commission of alleged offences.The single-judge bench of Justice Kuldeep Mathur noted that...

Employer Cannot 'Hire And Fire' Even If Employee Is Accused Of Misconduct Sans Fair Opportunity Of Hearing: Rajasthan High Court

The Rajasthan High Court recently set aside an order issued by the State Government that dismissed a Physical Education Teacher (PET) from service allegedly for furnishing a forged sports certificate for getting appointment, on the ground that the said teacher was not given any notice of charge-sheet and there was no enquiry conducted against him.The single judge bench of Justice Anoop...

Medical Officer Recruitment| Grant Of Benefit Of Bonus Marks For Covid Related Duty Policy Decision Of The State: Rajasthan High Court

Rajasthan High Court has recently refused to issue any directions to the state government for granting bonus marks to a group of doctors who appeared in the examination for appointment to the post of medical officers on the sole ground that they have partaken in Covid-related duty.“…The matter related to grant of benefit of bonus marks is a policy decision of the concerned government...

Terror Of ICU Duties During Covid-19 Lead To Heart Attack At Young Age: Rajasthan HC Orders State To Release Compensation To Health Worker's Wife

In a significant decision, the Rajasthan High Court has held that ‘an insurance scheme meant for a health worker’ who was fighting on the front lines during the pandemic requires ‘a wider connotation on the part of the state’. Therefore, the High Court reached the conclusion that when a health worker was on active Covid-19 duty till the time of his death due to heart attack,...

Rajasthan High Court Disposes Plea For Road Safety Audits Based On Steps Taken By Jaipur Development Authority

The Jaipur Bench of Rajasthan High Court has recently disposed off a public interest litigation filed by a not-for profit trust called ‘Muskaan’ seeking directions for conducting road safety audits (pre and post) from the designing stage itself as well as the implementation the Rajasthan Road Safety Policy, 2017. The Division bench of Justice Manindra Mohan Shrivastava and Justice...

Victim Too Has Fundamental Right To Fair Investigation & Trial: Rajasthan HC Quashes DGP’s Direction To Transfer Investigation For A Fourth Time

The Rajasthan High Court recently quashed an order of the Director General of Police, Rajasthan transferring the investigation in several connected criminal cases for a fourth time. While setting aside the said order of the DGP, the single-judge bench of Justice Birendra Kumar at Jaipur underscored that the ‘right of fair trial and fair investigation’ is the ‘right of the victim...

Rajasthan High Court Imposes Cost On Litigant For Counsel's Failure To Furnish Advance Copy Of Petition To Caveator

Rajasthan High Court has recently imposed a cost of Rs 2,000/- on a petitioner for not serving a copy of the writ petition to the caveator, i.e., the respondent employee, which was well within the knowledge of the petitioner’s counsel. The single judge bench of Justice Sudesh Bansal also noted that when the counsel for the petitioner did not dispute the receipt of the caveat, the petitioner...

Quasi-Judicial Authority Can’t Pass Non-Speaking Orders: Rajasthan HC Sets Aside Punishment Imposed On Constable Allegedly Found Intoxicated On Duty

Regarding the disciplinary action taken against a Police constable who was allegedly intoxicated while on duty, the Rajasthan High Court has recently observed that the Disciplinary and Appellate authority cannot do so without appreciating the evidence and assigning proper reasons.Justice Anoop Kumar Dhand sitting at the Jaipur Bench opined that the impugned orders were ‘totally...