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...

'CM Has Better Work To Do': Karnataka High Court Asks CM Office Not To Directly Entertain Transfer Requests

The Karnataka High Court has observed that the Chief Minister's Office (CMO) should not directly entertain or interfere in the transfer and posting of government and public undertaking employees, while remarking that the 'highest authority of the State' has more important duties to perform.A division Bench of Justice D.K Singh and Justice T.M Nadaf held that the appellant employee's...

Disciplinary Proceedings Initiated During Service Can Be Continued After Retirement If Rules Permit : Supreme Court

The Supreme Court on Thursday (March 19) observed that if the service Rules/regulations permit, the disciplinary proceedings initiated against an officer/employee before retirement can be continued even after attaining the age of superannuation, and penalties such as reduction in pay can be enforced by recalculating pensionary benefits. “…what is settled is that if the extant...

SAIL Can Withhold Gratuity, Adjust It Against Penal Rent If Ex-Employees Illegally Retain Quarters: Supreme Court

The Supreme Court has ruled that the Steel Authority of India Limited (SAIL) is entitled to withhold gratuity and adjust penal rent from the dues of retired employees who continue to occupy company quarters beyond the permissible period, setting aside contrary directions issued by the Jharkhand High Court.Affirming SAIL's powers under Rule 3.2.1(c) of the SAIL Gratuity Rules, the Court held...

Govt School Teacher's Bigamous Marriage Prior To Appointment Not Misconduct But Strikes At Root Of Eligibility: Allahabad High Court

The Allahabad High Court has held that a woman, who entered into a bigamous marriage before being appointed as a government school teacher, cannot be punished for misconduct on this ground under U.P. Government Servant Conduct Rules and U.P. Government Servants (Discipline and Appeal) Rules. It however held that the candidate, who contracted marriage in 2009 with a person whose first marriage...