Labour & Service

Contractual Workers Engaged Under A Scheme Have No Right To Continue After Its Closure: Allahabad High Court
The Allahabad High Court has held that a person engaged on contract under a government scheme cannot claim a writ of mandamus for continued engagement once the employer has abandoned the scheme. It held that in the absence of any rule, regulation or government order providing for regularisation or absorption, such an engagee has no legal right on which a mandamus can rest.The Court further...

Protection Against Termination Under Section 21 UP Secondary Education Act Not Available To Ad Hoc Teachers: Allahabad High Court
The Allahabad High Court has held that the protection of prior approval of the Board under Section 21 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 is not available to a teacher appointed on ad hoc basis. It held that the safeguard operates in favour of teachers regularly appointed on the recommendation of the Board, or at least regularised...

Second Wife Can't Claim Compassionate Appointment Without Permission For Second Marriage Under Conduct Rules: Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that second wife cannot claim compassionate appointment when the deceased government employee contracted the second marriage without permission under Rule 23 of the Bihar Government Servants' Conduct Rules, 1976, even if the marriage is permissible...

Service Rendered Before Regularisation Counts Towards Pension Eligibility, Not Towards Computation Of Pension: Allahabad High Court
The Allahabad High Court has held that the service rendered by a government servant before his regularisation, whether as a seasonal, ad-hoc, work-charged or temporary employee, must be counted while determining whether he has the qualifying service required to make him eligible for pension. It held that the pension itself can be computed only on the basis of the regular service rendered...

Co-Employee Cannot Challenge Colleague's ACR Grading Merely Because It Led To Supersession In Promotion: HP High Court
The Himachal Pradesh High Court has held that a co-employee has no locus standi to challenge the ACR grading of a colleague merely because the latter's higher grading has resulted in his or her supersession in promotion. The Court observed that where the colleague had been graded “Outstanding” by the competent authorities, a rival employee cannot seek interference with such ACRs in...

Public Holiday Preventing Joining On Due Date Can't Postpone Accrual Of First Increment: Allahabad High Court
The Allahabad High Court has held that where an appointment stood validly made and the appointee could take charge only on the next working day because the intervening day was a public holiday, the holiday cannot by itself postpone the accrual of a service benefit otherwise due to him.Paragraph 8(2) of the Government Order dated 22.12.2016, issued under the Seventh Pay Commission with effect...

Dependent Mother Cannot Be Denied Family Pension Merely Because She Has Other Surviving Children: Bombay High Court
The Bombay High Court's Circuit Bench at Kolhapur has held that a dependent mother of a deceased “single” government employee cannot be denied family pension solely on the ground that she has other surviving children, if those children are not in a position to provide her economic sustenance. The Division Bench of Justice Milind N. Jadhav and Justice Nandesh S. Deshpande allowed the...

University Must Honour Teachers, Can't Deviate From UGC Regulations On Payscale : Supreme Court Gives Relief To Associate Professor
The Supreme Court recently held that universities could not depart from the statutory guidelines and regulations governing the pay scale of their teaching staff. “University ought to honour its teachers and uphold their rights as they undertake to impart knowledge to vast number of students and they are estopped from departing from the regulations and guidelines. Hence, University cannot...

Supreme Court Allows Retiral Benefits To Employee Whose ST Certificate Was Found Invalid After 25 Years' Service
The Supreme Court on Thursday (September 3) in exercise of its inherent powers under Article 142 of the Constitution has protected the retiral and pensionary benefits of a retired employee, whose community certificate was subsequently found to be invalid after rendering over 25 years in service. A bench of Justice Aravind Kumar and Justice Vipul M. Pancholi heard the appeal filed by a...

Promotion Eligibility To Be Counted From Calendar Year Of Joining Feeder Cadre, Not Actual Joining Date: Chhattisgarh High Court
The Chhattisgarh High Court has held that qualifying service for promotion is to be counted from the calendar year in which an employee joins the feeder cadre, and not from the actual date of joining. The Court observed that when the statutory provision itself specifically provides the calendar year as the reference for counting, the actual date of joining cannot be made the basis for...

Disciplinary Proceedings Initiated During Service Can Continue After Retirement If Permitted By Service Rules: Madras HC
A Division Bench of the Madras High Court comprising Justice C.V. Karthikeyan and Justice R. Sakthivel held that a disciplinary proceeding initiated against an employee while in service can be continued and finalized after their retirement if the relevant service rules permit such continuation. [2026 LiveLaw (Mad) 427] Background Facts The appellant was working as Associate...

Super Speciality Doctor Can't Be Bound By Bond To Serve Govt Till Retirement When No Posting Given: Karnataka High Court
The Karnataka High Court has recently held that a government bond requiring a doctor to serve till retirement, especially when no posting orders were provided after completion of a super-specialty course, amounts to an unreasonable condition that cannot be enforced. [2026 LiveLaw (Kar) 330]The Division Bench of Justice Anu Sivaraman and Justice Venkatesh Naik T noted in the order that...
