Labour & Service
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 for permanent work. Background Facts The respondent was engaged as a Daily Rated Worker in the ...
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 his tenure. Then, he was re-enrolled in the Defence Service Corps (DSC) in 2009 for a 10-year period. During...
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...
3-Yrs BPE Degree Equivalent To B.P. Ed For Physical Training Instructor, Rejection Based On Short-Form 'BPE' Is Misnomer: Rajasthan High Court
The Rajasthan High Court has held that the 3 year degree of Bachelor of Physical Education (“BPE”) could not be differentiated from the one year decree of Bachelor of Physical Education (B.P.Ed), and the candidate possessing BPE was eligible to be appointed as Physical Training Instructor (“PTI”) Grade III.The division bench of Acting Chief Justice Sanjeev Prakash Sharma and...
Employees Who Resigned Or Retired After 5 Years' Service Entitled To Gratuity : Supreme Court
The Supreme Court on Tuesday (December 9) held that an employee who resigns or opts for voluntary retirement is entitled to gratuity under the Payment of Gratuity Act, 1972, provided he has completed at least five years of continuous service. A bench of Justice Rajesh Bindal and Justice Manmohan directed the Delhi Transport Corporation to pay gratuity to the family of the Appellant-employee...
Himachal Pradesh High Court Upholds Six-Month Extension Granted To Chief Secretary Prabodh Saxena
The Himachal Pradesh High Court has upheld a six-month extension of service granted to the Chief Secretary Prabodh Saxena, and held that its role is not to substitute its own view for that of the Government. The Court reiterated that as Rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 permits such extension and due process was followed, there was no ground...
"Treatment By 'Tantriks' Is Not A Valid Excuse For Prolonged Absence From Training As Constable": HP High Court
The Himachal Pradesh High Court has held that the 'treatment from Tantriks' could not be accepted as a valid or permissible ground to justify a trainee's prolonged absence from training as a constable.The Court further noted that the record clearly revealed no admissible medical evidence, and her conduct was incorrigible. Justice Ranjan Sharma remarked that: “Records reveal that the...
Service In DA-Getting School Should Be Counted For Pension If It Was Considered For Appointment In Government-Aided Institution: Calcutta HC
A Division Bench of the Calcutta High Court comprising Justice Partha Sarathi Chatterjee and Justice Tapabrata Chakraborty held that service rendered in a DA-getting school counted by the State for appointment in Government-aided Institution, must also be counted as qualifying service for pension. Background Facts The employee was appointed as an assistant teacher in...