Labour & Service
Period Spent On Extraordinary Leave For Super-Specialty Course Can't Be Counted As Teaching Experience For Promotion: Calcutta HC
A Division bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the period spent on extraordinary leave for pursuing a super-specialty course does not count toward the mandatory teaching experience required for promotion. Background Facts The respondent was appointed as an Assistant Professor in the Department of...
Disciplinary Proceedings Post-Retirement Invalid; Pension Recovery Permissible Only If Charge Of Loss By Fraud Is Proved During Service: J&K HC
A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that disciplinary proceedings cannot be initiated against a government servant after retirement, and recovery from pension is permissible only when a specific charge of financial loss to the Government due to negligence or fraud is duly framed...
Past Misconduct Of Employee Can Be Considered In Article Of Charge For Determining Quantum Of Punishment : Calcutta HC
A Division bench of the Calcutta High Court comprising Justice Sujoy Paul and Justice Smita Das De held that past misconduct of an employee can be referred to in a charge-sheet to determine punishment without making the proceedings illegal. Background Facts The appellant was employed as a constable with the Central Industrial Security Force (CISF). He was posted at the...
Non-Payment Of Overtime Allowance Constitutes Continuing Wrong, Not Barred By Delay & Laches: Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that non-payment of overtime allowance is a continuing wrong, and a fresh cause of action arises each time it is denied, therefore it overrides pleas of delay and laches. Background Facts The respondents were railway employees. They performed overtime duties...
Post-Graduation Diploma Not Equivalent To Post-Graduate Degree For Purpose Of Promotion: Himachal Pradesh High Court
The Himachal Pradesh High Court held that a postgraduate diploma cannot be treated as equivalent to a postgraduate degree for promotion to the post of Assistant Professor under the Himachal Pradesh Medical Education Service Rules, 1999. A Division Bench of Justice Vivek Singh Thakur & Justice Sushil Kukreja noted that: “There is no reference of Post Graduation Diploma in the...
Conditional Promotion Due To Financial Objections Serves State Interest : Chhattisgarh High Court
A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that a promotion can be validly granted subject to conditions, such as being contingent on the outcome of pending inquiries involving serious financial objections, to protect the state's interest. Background Facts The appellant/ writ petitioner was serving as an...
Vaccinators Are Not Nurses, Job Responsibilities & Nature Of Work Are Different: Rajasthan High Court Rejects Plea For Appointment
The Rajasthan High Court dismissed plea by candidates seeking appointment as Nurse Grade II who claimed such entitlement to the post based on their work experience as a Vaccinator, clarifying that the two posts are different having different job responsibilities and nature of work. The Court was hearing petition by the candidate seeking bonus marks for recruitment to the post of Nurse Grade...
Using MGNREGA Funds To Pay Skilled Employees Cannot Justify Denial Of Regularisation: HP High Court
The Himachal Pradesh High Court held that MGNREGA is designed only for unskilled manual work, and cannot be used to deny regularization to skilled roles like Computer Operators.The Court observed that the State wrongly used MGNREGA funds to pay for skilled services despite having sanctioned posts.Rejecting the State's contention, Justice Sandeep Sharma remarked that: “Unskilled manual...
Conviction Of Employee Does Not Lead To Automatic Dismissal, Disciplinary Enquiry Must: HP High Court
The Himachal Pradesh High Court has held that a government employee cannot be dismissed from service solely on the ground of conviction, and that the disciplinary authority must conduct an enquiry or record reasons for not conducting an enquiry.Rejecting the contention of HRTC, Justice Sandeep Sharma remarked that: “Though learned counsel for HRTC argued that Rule 19(i) permits...
Pensioners Eligible For Reemployment Under Punjab Police Rules Even After Seeking Voluntary Retirement: HP High Court
The Himachal Pradesh High Court directed the state to reconsider the application of a retired Assistant Sub-Inspector, holding that pensioners after voluntary retirement are eligible for reemployment under Rule 12.25 of the Punjab Police Rules.Rejecting the contention of the State, Justice Sandeep Sharma clarified that “…a person concerned can seek re-enrolment in three situations;...
Dependent Can't Be Denied Family Pension Merely Because Employee's Appointment Letter Said "Purely Temporary Basis": Rajasthan High Court
The Rajasthan High Court has granted relief in a petition seeking family pension and other post-retirement benefits, filed after 24 years of the death of the petitioner's husband, opining that the question of limitation or delay could not be raised by the State to deny legitimate benefits to a government servant or his/her dependents.Further, the bench of Justice Anand Sharma held that in...
Employee Need Not Deposit Retrenchment Compensation As Pre-Condition To Challenge Termination: Bombay High Court
The Bombay High Court has held that an employee cannot be compelled to deposit the amount of retrenchment compensation as a condition for challenging his retrenchment. The Court observed that retrenchment compensation under Section 25F of the Industrial Disputes Act, 1947, is a statutory right of the employee and is intended to provide subsistence during unemployment. Making its deposit...