Labour & Service
Allahabad High Court 'Shocked' As Cancer-Stricken Teacher's Transfer Plea Rejected Despite 'Sympathetic' Consideration Order
The Allahabad High Court on Monday expressed its strong displeasure over the conduct of the Secretary, UP Basic Education Board, Prayagraj, for rejecting the transfer representation of an Assistant Teacher suffering from breast cancer, despite a specific prior direction by the Court to consider her case 'sympathetically'. The court directed the Secretary to file his personal affidavit...
Maharashtra Police Academy Falls Within Purview Of 'Industry' U/S 2(j) Industrial Disputes Act: Bombay High Court
The Bombay High Court held that the Maharashtra Police Academy (MPA) is an “industry” within the meaning of Section 2(j) of the Industrial Disputes Act, 1947, and upheld the direction of the Industrial Court granting reinstatement with continuity of service to the respondent, who had worked as a Computer Operator on daily wages. The Court observed that the functions performed by the...
'Pharmacist's Duties Require Standing, Walking': HP High Court Dismisses Plea By 50% Locomotor-Disabled Applicant
The Himachal Pradesh High Court dismissed a petition filed by a 50% locomotor-disabled candidate challenging the selection of another candidate for the post of Pharmacist.Upholding the State's decision, the Court remarked that the candidate was medically unfit for the duties of a pharmacist due to impaired standing and walking, despite having the required disability certificate.Justice...
Past Censure Cannot Bar Employee's Consideration For Promotion: Rajasthan High Court
The Rajasthan High Court has held that irrespective of the penalty being imposed on an employee, the Departmental Promotion Committee (DPC) can adjudge the suitability of an employee for promotion, and the consideration itself could not be denied merely on the ground of imposed penalty.The bench of Justice Farjand Ali was hearing a petition challenging the petitioner's (Lecturer) denial...
Constituent Institution Employees Cannot Claim Central University Benefits: Allahabad High Court
Recently, the Allahabad High Court has held that in the absence of specific policy, staff of constituent institutions cannot claim the same benefits as those awarded to Central University Employees.“... only on ground that institution become constituent of Allahabad University, petitioners cannot be granted benefit of General Provident Fund Scheme since it has to be granted only on basis...
Departmental Proceedings Need Not Be Stayed Merely Because Criminal Case Is Pending Unless Prejudice Is Shown: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that departmental proceedings cannot be halted merely because a criminal case is pending on the same allegations.The High Court clarified that a stay is justified only where the criminal case is of a grave nature involving complicated questions of fact and law, and where continuation of disciplinary action would prejudice the...
Courts Can't Interfere In Court-Martial Merely On Compassionate Grounds If Proceedings Not Irregular: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that courts cannot interfere with court-martial proceedings merely on grounds of compassion or if the punishment appears excessive, provided the proceedings are conducted in strict conformity with law.A Division Bench of Justices Sanjeev Kumar and Sanjay Parihar set aside an Armed Forces Tribunal (AFT) order that had modified the...
State Can't Withhold Career Progression Benefits For Its Own Lapse In Maintaining Performance Records: Rajasthan High Court
The Rajasthan High Court has upheld the order of the Central Administrative Tribunal (“CAT”) that ruled in favour of a State employee who was denied the benefit under Modified Assured Career Progression (“MACP”) on account of non-availability of his Annual Confidential Reports (“ACRs”)/ Annual Performance Appraisal Records (APARs).The division bench of Justice Vinit Kumar Mathur...
Delayed Compassionate Appointment Defeats Its Purpose; Relief Can't Be Granted After Lapse Of 15 Years From Date Of Death: Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that compassionate appointment cannot be granted after a long lapse of time (15 years), as it is meant to provide immediate financial relief to the family of a deceased employee. Background Facts The mother of the appellant was employed as an Assistant Teacher...
Ex-Servicemen Need Not Prove Entitlement To Disability Pension, Benefit Of Doubt Must Favour Them More Liberally: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reaffirmed the welfare-oriented approach governing disability pension claims, holding that a claimant is not required to prove entitlement, and that the benefit of every reasonable doubt must be given to the serviceman more liberally so in field or afloat service cases.A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay...
Jail Superintendent Cannot Initiate Disciplinary Proceedings Against Medical Officer On Deputation From Health Department: Rajasthan HC
The Rajasthan High Court has held that the Superintendent, Central Jail, being a separate administrative department, had no authority or competence to initiate disciplinary proceedings against a Medical Officer deputed from the Medical and Health Department.The bench of Justice Farjand Ali made these observations while quashing the transfer orders of the petitioner that also included a...
Termination Without Compliance Of S. 25-F Amounts To Illegal Retrenchment; Enhanced Compensation Granted As Reinstatement Impossible Due To Superannuation: Orissa HC
A Division bench of the Orissa High Court comprising Justice K.R. Mohapatra and Justice Savitri Ratho held that termination without complying with the conditions under Section 25-F of the Industrial Disputes Act is an illegal retrenchment. Further illegally retrenched workman eligible for enhanced compensation as reinstatement was not possible due to superannuation. Background...