Labour & Service
Discharge From Air Force On Grounds Of cumulative Unsuitability; Not A Punishment: Gauhati HC
A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that discharge of an airman under Rule 15(2)(g)(ii) of the Air Force Rules, 1969, based on cumulative red-ink entries reflecting unsuitability for service does not amount to punishment. Background Facts The petitioner joined the Indian Air Force as a trainee on 28th December 2011. He received four Red-Ink Entries against his name during his service. The first was...
Defence Security Corps Personnel Eligible For Second Pension; Shortfall Up To One Year Can Be Condoned: Supreme Court
The Supreme Court on March 24 held that personnel of the Defence Security Corps (DSC) who are already drawing pension from their earlier service in the Army are eligible to earn a second service pension for their subsequent DSC service, and any shortfall in qualifying service up to one year can be condoned in accordance with the Pension Regulations. The Court clarified that there is no legal bar on grant of a second pension merely because the individual is already receiving pension from the...
'Long-Standing Contractors Cannot Claim Exclusive Right To Continue On Account Of Potential Loss Of Livelihood': Bombay High Court
The Bombay High Court has held that long-standing contractors cannot claim an exclusive or perpetual right to continue merely on the ground that their livelihood depends on the activity. The Court observed that ensuring a fair and transparent tender process providing equal opportunity to all similarly placed persons cannot be curtailed to preserve existing contractors' interests.A division...
Reserved Category Candidates Can Claim General Seats On Merit Despite Availing Relaxation If Rules Permit: Supreme Court
The Supreme Court on Monday (March 23) observed that reserved category candidates who avail relaxation in a qualifying examination can still be considered for general category posts if they secure higher merit in the final selection stage, if the relevant rules permit it.Providing relief to the TET candidates, a bench of Justices PS Narasimha and Alok Aradhe has set aside the Bombay High...
Bypassing Regular Appointments Through Long-Term Outsourcing Is Unfair: Allahabad High Court Says State Must Not Be Exploitative
The Allahabad High Court last week strongly deprecated the practice of public employers bypassing regular recruitment by continuously engaging staff through outsourcing agencies. Observing that such a system provides wide "room for exploitation and unfairness", a bench of Justice Vikram D Chauhan directed the Bareilly Nagar Nigam to consider regularising a Computer Operator who has been...
Ex-Parte Divorce Decree Can't Be Set Aside After Spouse's Death: Allahabad High Court
The Allahabad High Court has held that an ex-parte divorce decree cannot be set aside after spouse's death. The bench of Justice Arindam Sinha and Justice Satya Veer Singh relied on Smt. Yallawwa vs. Smt. Shantavva (1997) where the Supreme Court gave directions regarding maintainability of the application for setting aside the ex-parte decree in the matrimonial case against a deceased...
Constable In Coma Since 5 Yrs After On-Duty Accident, Rajasthan High Court Orders Release Of Salary
The Rajasthan High Court has granted relief to a woman whose constable-husband has been in coma since 2021 following an on-duty accident, with his salary being withheld by the State. The bench of Justice Anand Sharma directed the State to grant Special Disability Leave to the husband, release outstanding salary, and continue payment of regular salary.The constable met with an accident while...
Tenure Of CGRF Members Must Be Considered For Extension Before Issuing Fresh Recruitment: Jharkhand High Court
The Jharkhand High Court has held that failure to consider extension of tenure of members of Consumer Grievance Redressal Forums (CGRFs) in accordance with statutory regulations, and issuing fresh recruitment advertisements without reasons, undermines the independence and impartiality of such bodies. A Single Judge Bench of Justice Ananda Sen was hearing a writ petition seeking quashing...
Authorities Cannot Rely On 8-Year-Old Notice To Recover Provident Fund Dues Or Freeze Bank Accounts: Bombay High Court
The Bombay High Court has held that authorities cannot freeze bank accounts or recover provident fund dues without issuing a fresh notice and providing an opportunity of hearing to the affected party. The Court observed that reliance on a stale notice issued several years earlier violates principles of natural justice and renders the recovery action unsustainable.Justice Prafulla S. Khubalkar...
Gram Panchayat Employees Absorbed In Municipal Corporation Entitled To Equal Pay For Equal Work: Bombay High Court
The Bombay High Court has held that employees absorbed from Gram Panchayats into a Municipal Corporation are entitled to parity in pay with regular employees if they perform identical duties. The Court observed that denial of equal pay for equal work in such circumstances amounts to discrimination and violates Articles 14 and 16 of the Constitution.A division bench of Justices G. S. Kulkarni...
Married Daughter Living In Matrimonial Home Can't Seek Compassionate Appointment After Her Father's Death: Karnataka High Court
The Karnataka High Court has upheld an order which had held that a married daughter living in her husband's home cannot seek compassionate appointment on the ground of her father's death. In doing so, the court said that compassionate appointment aims to provide relief for 'immediate financial distress' to a 'family in crisis' following the death of an employee.The court was hearing a...