Labour & Service
Retired Govt Servant Can't Get Gratuity During Pendency Of Criminal Proceedings, Seriousness Of Offence Irrelevant: Allahabad High Court
The Allahabad High Court has held that gratuity and final retiral dues cannot be released to a retired government servant during the pendency of criminal proceedings against him, and that the seriousness of the offence he is facing is irrelevant to the question.Regulation 351-AA of the Civil Services Regulations, as applicable in Uttar Pradesh, provides that where departmental or...
Administrative Action Cannot Be Struck Down Merely Because It Was Not Issued As A Formal Order : Supreme Court
The Supreme Court on Thursday (July 30) held that when an authority possesses a power under a relevant statute to take an action, the mere fact that the action is styled as a "circular" or "communication" rather than a formal "order" does not invalidate it. “Once the power exists and it is clear that this particular power has been exercised, the style under which it was exercised would not denude or weaken the authority enabling it to exercise such power.”, observed a bench of Justice Sanjay...
Wrong Claim Of Travel Distance For Transport Allowance Doesn't By Itself Amount To Misappropriation: Bombay High Court
The Bombay High Court has held that making an incorrect claim regarding travel distance for transport allowance cannot, by itself, be equated with misappropriation of the employer's funds. The Court further observed that where the misconduct is accompanied by mitigating circumstances, and the punishment of dismissal is shockingly disproportionate to the nature of the charge proved,...
Supreme Court Grants Uttarakhand Deputy Collectors Seniority Benefit From Initial Ad Hoc Promotion
The Supreme Court has held that Deputy Collectors in Uttarakhand who were promoted on an ad hoc basis in 2007 are entitled to count their continuous officiating service towards seniority, ruling that the State Government cannot deny them the benefit because of its own failure to consult the Public Service Commission as required under the rules.A Bench of Justices Pamidighantam Sri Narasimha...
BSUSC Must Verify Teaching Experience Certificates Before Awarding Zero Marks To Candidates: Patna High Court
The Patna High Court has held that the Bihar State University Service Commission (BSUSC) cannot deny marks for teaching experience solely because an experience certificate does not mention a letter or memo number and date, where the advertisement itself does not prescribe such a requirement. The Court held that in such cases, the Commission is under an obligation to verify the certificate...
Staff Shortage Not A Valid Ground To Deny Child Care Leave: Chhattisgarh High Court
The Chhattisgarh High Court has held that once a government employee satisfies the eligibility conditions prescribed under the Chhattisgarh Civil Services (Leave) Rules, 2010, Child Care Leave cannot be denied merely on the ground of staff shortage or administrative exigencies. The Court observed that Child Care Leave is a beneficial statutory provision intended to enable mothers to...
Refusing To Defer Physical Test For Pregnant Candidate Forces Her To Choose Between Motherhood & Employment, Not Justified: Allahabad High Court
The Allahabad High Court has held that refusing to postpone the physical efficiency test of a woman candidate in an advanced stage of pregnancy compels her to choose between bearing a child and employment, and interferes with her right of reproduction as well as her right to employment. It held that where the recruitment rules are silent on postponement and lay down no bar against it,...
'It's Daylight Fraud If True': Karnataka High Court In Plea For CBI Probe Into Alleged KPSC Veterinary Officer Recruitment Scam
The Karnataka High Court on Wednesday (July 29) sought the State Government's response on a plea seeking transfer of the investigation into the alleged Karnataka Public Service Commission (KPSC) Veterinary Officer (Group A) recruitment scam to the Central Bureau of Investigation (CBI). During the hearing, Justice M Nagaprasanna orally remarked that if the allegations levelled by the...
Calcutta High Court Directs Release Of Headmaster's Retiral Benefits Despite Pending Criminal, Disciplinary Proceedings
The Calcutta High Court has dismissed review petitions filed by the State and a school authority seeking reconsideration of an earlier order directing release of retiral benefits to a retired Headmaster, holding that review jurisdiction cannot be invoked to cure a party's failure to appear or place materials before the Court during the original hearing.Justice Aniruddha Roy observed that...
Similarly Situated Employees Already Regularised Cannot Be Denied Same Benefit Without Intelligible Differentia: Patna High Court
The Patna High Court has held that an employee whose appointment was made under the same staffing pattern and in identical circumstances as other employees who have already been regularised cannot be denied the same benefit in the absence of any intelligible differentia. The Court observed that doing so would amount to unequal treatment amongst equals.A Division Bench of Justice Sudhir Singh...
