Indemnity Bond Taken At Retirement Won't Let State Recover Wrongly Fixed Pay, Undertaking Must Be At Time Of Pay Fixation: Allahabad High Court

The Allahabad High Court has held that an undertaking or indemnity bond taken from a government servant at the time of his retirement does not entitle the State to recover salary paid in excess due to wrong fixation of his pay scale. The undertaking which permits such recovery is the one furnished at the time of the pay fixation later said to be wrong.Referring to the decision of the Apex...

Private Aided Educational Institution Employees Can't Claim Monetary Benefits From State For Non-Grant Period: Karnataka High Court

A Division Bench of the Karnataka High Court comprising Justice D K Singh and Justice H. Shanthi Bhushan held that employees of private aided educational institutions cannot claim monetary benefits from the State for the non-grant period. Background Facts The respondent was serving as an Assistant Teacher at W/A Hemavathi High School, which is a private aided educational...

Universities Cannot Reject Associate Professor Aspirants Solely Over Lower Pay During Contractual Service: AP High Court

The Andhra Pradesh High Court has held that state universities cannot reject applications for Associate Professor posts solely because contractual teaching faculty were paid less than the gross emoluments prescribed for regularly appointed Assistant Professors under the University Grants Commission (UGC) Regulations, 2018.In doing so, a Single Judge Bench of Justice Nyapathy Vijay observed...

Constable Who Does Not Wish To Seek Promotion Can't Be Compelled To Undergo Promotional Course: P&H High Court

A Division Bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Minderjeet Yadav held that a Constable who has given in writing that he/she does not wish to seek promotion cannot be compelled to undergo the mandatory Lower School Course, as promotion is a personal choice. Background Facts The respondents were Constables in the...

Fake Degree From Non-Existent Institute Can't Validate Appointment; Subsequent Qualification & Length Of Service Can't Cure Ineligibility: P&H High Court

A Division Bench of the Punjab And Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Minderjeet Yadav held that an appointment obtained on the basis of a fake qualification from a non-existent institute is invalid and cannot be saved by long service, or subsequent acquisition of qualification. Background Facts The post of ETT Teacher was advertised by...

Employees Entitled To Regularization From Date They Fulfil Statutory Conditions, Not From Date Of Formal Regularization Order: J&K High Court

A Full Bench of the Jammu & Kashmir High Court comprising Chief Justice (Acting) Sanjeev Kumar, Justice Sanjay Dhar and Justice Mohd Yousuf Wani held that the right to regularization under Section 5 of the J&K Civil Services (Special Provisions) Act, 2010 accrues immediately upon fulfilment of the prescribed conditions. It does not depend on when the competent authority passes...

Request To Extend Voluntary Retirement Date Can't Be Ignored If Made Before Retirement Takes Effect: Rajasthan High Court

The Rajasthan High Court has held that a request to extend the date of voluntary retirement cannot be ignored if it is made before the retirement takes effect, even if the applicable service rules do not expressly provide for such an extension.The Division Bench of Chief Justice Sanjay K. Agrawal and Justice Inderjeet Singh observed that although the Rajasthan Civil Services (Pension)...

Contract Workers Must Prove Their Work Matches With Regular Employees In Quality & Sensitivity For Equal Pay : Allahabad High Court

The Allahabad High Court has held that workmen engaged on a contractual basis may claim equal pay for equal work if they show that they were actually performing the work of regularly appointed employees of the post, but the burden of proving parity in duties and responsibilities lies on them. It held that such workmen must establish through oral and documentary evidence that their work was...

Specific UGC Qualifications For Business Administration Faculty Override General Eligibility Criteria: Allahabad High Court

The Allahabad High Court has held that where the First Statutes of a university prescribe specific minimum qualifications for teachers of Management/Business Administration, those qualifications govern the selection, and the general criteria for the faculty under which the department is placed cannot be applied instead.The General Eligibility Criteria in Statute 11.03.01 of the First Statutes...

Ambiguity In Recruitment Criteria To Be Construed In Candidate's Favour: Supreme Court

The Supreme Court has held that ambiguity or vagueness in eligibility criteria prescribed in a recruitment advertisement should be construed in favour of a candidate who prima facie possesses the requisite qualifications. “…any ambiguity or vagueness in the prescribed qualification should be construed to the benefit of the candidate who prima facie appears to possess the...

State Must Be Made Party If Relief Is Sought Against Public Exchequer; Impleading Officer Or Dept Not Enough : Supreme Court

An officer or a department of the State cannot be equated with the State itself for the purposes of fastening sovereign or financial liability

Acceptance Of Lower Post In Compassionate Appointment Bars Subsequent Claim For Higher Post: Rajasthan High Court

The Rajasthan High Court has held that once a person accepts a lower post offered as compassionate appointment, s/he cannot subsequently claim appointment to a higher post.The bench of Justice Bipin Gupta was dealing with a case where the petitioner had accepted compassionate appointment to the post in 2013 on which he also worked for 2 years, before filing the present petition in 2015...