Labour & Service
Non-Govt Employee Receiving Annual Increments Is In “Permanent Job” For Grant Of Future Prospects In Motor Accident Claim: MP High Court
In a significant ruling, the Madhya Pradesh High Court addressed whether only government servants qualify as being in “permanent job” for the purpose of grant of future prospects in motor accident compensation claims.Bench of Justice Achal Kumar Paliwal held that if a person is in such a job wherein his salary is increased periodically or receives annual increment etc., then, such person would be treated as being in “ permanent job”.The claimant had preferred thus appeal seeking enhancement...
Degree Holder Can't Claim Post Reserved For Diploma, If Higher Qualification Is Not Equalised: Patna High Court
A division bench of the Patna High Court comprising the Chief Justice and Justice Harish Kumar, while deciding Letters Patent Appeal, held that an applicant with a higher qualification is not eligible for job requiring lower qualifications if there are no specific provisions where higher qualifications are explicitly recognized or equated with lower qualifications. Background...
Submitting False Injury Report Highly Despicable, Dereliction Of Duty: Rajasthan HC Affirms Compulsory Retirement Of Medical Officer
Rajasthan High Court refused to grant relief to the medical officer who had committed dereliction of duty by submitting a factually wrong injury report in a case. Frowning upon the conduct as highly despicable, the Court observed that for such conduct, compulsory retirement was not a disproportionate punishment warranting any interference of the Court. It was held:“It is apparent that...
'No Work-No Pay' Principle Not Applicable To UP Govt Employees Reinstated After Full Exoneration: Allahabad High Court
The Allahabad High Court has held that an employee who has been fully exonerated of the charges against him and has been subsequently reinstated is entitled to full pay for the period he was out of service by virtue of Rule 54 of the Financial Hand Book Volume-II (Part II to IV).Rule 54 of the Financial Hand Book Volume-II (Part II to IV) provides that a dismissed employee who has been...
Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court
The Supreme Court on Monday observed that pay parity cannot be claimed as an indefeasible right unless the competent authority consciously decides to equate two posts despite their different nomenclature or qualifications.“pay parity cannot be claimed as an indefeasible enforceable right save and except where the Competent Authority has taken a conscious decision to equate two...
Doctrine Of Merger Won't Apply If SLP Was Dismissed Without Granting Leave Whether By Reasoned Order Or Not : Supreme Court
The Supreme Court on Monday (July 15) explained that when a petition for special leave to appeal is allowed by the court, the impugned judgment gets merged with the decision of the Supreme Court in the appeal arising from the SLP.“once leave has been granted in a Special Leave Petition, regardless of whether such appeal is subsequently dismissed with or without reasons, the doctrine of...
CAT Order To Consider Employee's Plea For Voluntary Retirement Is Binding, Authority Cannot Direct Compulsory Retirement Instead: Karnataka HC
The Karnataka High Court has said that directions passed by the Central Administrative Tribunal (CAT) to consider the representation for voluntary retirement made by an employee are binding and authorities cannot instead direct compulsory retirement without considering the plea for voluntary retirement.A division bench of Justice Anu Sivaraman and Justice Anant Ramanath Hegde, said thus...
Long Period Of Service, Gauhati High Court Directs Consider Regularization Of Employee Within 12 Weeks
A single judge bench of the Gauhati High Court comprising of Justice Kakheto Sema, while deciding writ petition directed to consider regularization of workers in temporary or casual positions for an extended period, to receive pensionary benefits after retirement. Background Facts The employee was appointed as a contingency Peon on a fixed pay of Rs. 375/- per month by the...
Rajasthan HC Directs Reinstatement Of Constable 24 Yrs After Dismissal, Rules Different Punishment To Co-Delinquents Violates Article 14
Rajasthan High Court has directed reinstatement of a constable who was dismissed from service 24 years ago, ruling that imposing harsher punishment on a co-delinquent as compared to the other accused, when the charges against both the persons are same, violates right to equality under Article 14 of the Constitution.The bench of Justice Ganesh Ram Meena was hearing a petition filed...
Bombay HC Sets Aside Stay On 'Exceptional' Transfer Of Indian Express Employee, Says Prior Dispute With Employer No Reason To Presume Malafides
The Bombay High Court on Tuesday observed that merely a transfer of an employee being exceptional and there being previous litigation between employer and employee is not a ground for the Industrial Court to stay the transfer.Justice Sandeep Marne allowed a writ petition filed by Indian Express (P) Ltd. seeking to set aside Industrial Court's order of interim stay on the transfer and promotion...
Retired High Court Judge Entitled To Leave Encashment When He Completes Tenure As Chairman Of Railway Claims Tribunal: Karnataka HC
The Karnataka High Court has directed the Union of India to calculate and disburse the leave encashment amount due to a former Judge of the High Court, who on retiring was appointed as Chairman of the Railway Claims Tribunal and served in the position for over two years.A Single judge bench of Justice Sachin Shankar Magadum partly allowed the petition filed by Justice B Padmaraj (retired)...
Labour & Service Weekly Roundup: June 17 - June 23, 2024
Bombay High Court Employee's Conduct Of Filing Petitions Does Not Show Abandonment Of Claim For Reinstatement: Bombay High Court Case No. : Writ Petition No. 4754 OF 2009 Citation: 2024 LiveLaw (Bom) 308 Case Name : Shri. Patil Samgonda Namgonda vs. State of Maharashtra A single judge bench of the Bombay High Court comprising of Gauri Godse, J., while deciding Writ...