Labour & Service
Employee Moving To Another Cadre Can't Later Claim Regular Promotion In Former : Calcutta High Court
A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that the employee who availed Career Advancement Scheme and subsequently left the cadre cannot claim regular promotion benefits granted later to Bhumi Sahayak cadre. Background Facts The petitioner was appointed as a Bhumi Sahayak in 1984. After completing ten years...
'Fought For Justice, Got Justice, Then Lost Justice': J&K&L High Court Restores Seniority Of 1979 Police Recruits After Nearly Four Decades
The Jammu and Kashmir and Ladakh High Court has allowed a long-pending Letters Patent Appeal filed by a batch of 1979 direct recruit Sub Inspectors of the Jammu and Kashmir Police, sharply criticising the manner in which binding judicial verdicts were repeatedly diluted through subsequent litigation and administrative actions.A Division Bench of Justices Rajnesh Oswal and Rahul Bharti set...
Denying Regularisation To Daily Wager After Extracting Work For Over 34 Years Is Illegal, Inequitable: J&K&L High Court
The Jammu, Kashmir & Ladakh High Court dismissed the Union Territory's challenge to the regularisation of a daily wager, holding that denial of regularisation after extracting work for more than three decades would be illegal, inequitable, and contrary to the welfare obligations of the State.The Division Bench of Chief Justice Arun Palli, Justice Rajnesh Oswal noted that the...
Pension | Employees Of Different Institutions Cannot Claim Parity In Service Merely Because Both Are Funded From Same Source: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that employees of two different institutions cannot claim parity in service conditions merely because both are funded from the same source.Justice Sanjay Dhar made this observation while dismissing a batch of writ petitions filed by serving and retired employees of J&K Sainik School who had sought extension of pensionary benefits on...
LiveLawBiz: Business Law Daily Round-Up: December 14, 2025
TAX Third-Country Invoicing Inapplicable For Electronic/Non-Electronic Toy Parts From China For Preferential Customs Duty Benefit: Mumbai AARIncome Tax Act | Gross Receipts Cannot Be Taxed As Income Without Deducting Expenses: Bombay High CourtArbitrationS.11 Arbitration Plea Not Maintainable Without Valid S.21 Notice; Email Suggesting Arbitrator Appointment Insufficient: Kerala High...
Umadevi Judgment Not A Shield For Perpetual Temporary Employment: J&K HC
A Division Bench of the Jammu and Kashmir High Court comprising Chief Justice Arun Palli and Justice Rajnesh Oswal held that daily rated worker engaged prior to 31-03-1994 and continuously employed for decades cannot be denied regularization under SRO-64 on the pretext of being a casual labourer. Further, the Umadevi Judgment cannot be invoked to justify perpetual temporary employment...
Invalid Pension To Medically Discharged Defence Staff, 10-Year Service Minimum Not Applicable: Calcutta HC
A Division Bench of the Calcutta High Court comprising ACJ Sujoy Paul and Justice Partha Sarathi Sen held that Invalid pension is payable for medical discharge regardless of minimum service of 10 years if the disability is permanent. Background Facts The respondent had served in the Indian Army as a Sepoy from 1985 to 2009. He was discharged with pension upon completion of...
Reservation Must Be Claimed At Time Of Submitting Application, Not Retrospectively: Himachal Pradesh High Court
The Himachal Pradesh High Court held that a candidate who chooses not to apply under the reserved category cannot later claim the benefit of reservation after failing in the selection process.Justice Ranjan Sharma remarked that: “…once the petitioner has chosen not to avail benefit of reservation available as OBC candidate, then, after participation and having remained unsuccessful,...
CCS Pension Rules | Employee Who Resigned Not Entitled To Pension; Resignation Forfeits Past Service : Supreme Court
The Supreme Court on Tuesday (December 9) ruled that resignation from the service forfeits the past services as per the Central Civil Service Pension Rules, making the employee ineligible to claim pensionary benefits.“the only inescapable conclusion is that on resignation by the employee, his past service stood forfeited. Hence, he will not be entitled to any pension.”, observed a bench...
Persons Who Accepted Compassionate Appointment To A Post Can't Later Claim They Should've Been Given Higher Post : Supreme Court
The Supreme Court on Friday (December 12) held that a person who has accepted a compassionate appointment cannot subsequently seek elevation by claiming that they ought to have been appointed to a higher post at the initial stage.The Court emphasised that compassionate appointments are an exception to the normal recruitment process and are meant to provide immediate relief to the family of...
No Concept Of 'Deemed Guilt' In Service Law: Patna High Court Sets Aside Punishment Of Cop For Alleged Failure To Gather Intelligence
The Patna High Court recently observed that there is no concept of 'deemed guilt' in service law jurisprudence, and set aside the punishment imposed on a police officer.A Single Judge Bench comprising Justice Sandeep Kumar was hearing a writ petition filed by a police officer who had been punished with stoppage of salary increments for two years. The present case emanated from the seizure...
