Labour & Service
Junior Can't Draw Higher Pay Than Senior Under 2022 Civil Service Rules; Recovery Barred If Excess Due To Departmental Error: HP High Court
The Himachal Pradesh High Court has held that, as per the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, a government employee's pay can't exceed that of their immediate senior.However, the Court quashed the recovery of excess salary paid to the petitioner, as the excess payment made occurred due to a departmental error.Justice Jyotsna Rewal Dua remarked that: “Admittedly, a...
Compassionate Appointment, Acceptance Of Lower Post Under Financial Distress Doesn't Bar claim For Higher : J&K HC
A Division bench of the J&K HC comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the principle of estoppel does not apply when a compassionate appointment to a lower post is accepted under financial duress and immediately challenged by the applicant who possessed the requisite qualifications. Background Facts The applicant's father was working as an...
Monetary Compensation Must Be Granted From Date Of Application When Compassionate Appointment Is Denied: Jharkhand HC
A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that if compassionate appointment is denied then employer must grant the monetary compensation from date of application for the compassionate appointment. Background Facts The employee was a Piece Rated worker at Central Coalfields Limited (CCL) Dhori...
Supreme Court Grants Relief To Class IV Employees Of UP Judiciary Who Were Terminated 17 Years Ago
The Supreme Court recently quashed the termination of 4 Class IV employees of the Ambedkar Nagar District Judgeship in Uttar Pradesh, holding that their removal in 2008 for being appointed beyond the notified vacancies was unjustified. A bench of Chief Justice BR Gavai and Justice K Vinod Chandran directed that those who have not yet reached the age of superannuation be reinstated in existing...
Supreme Court Quashes 37-Year-Old Dismissal Of Railway TTE, Orders Grant Of Benefits To Legal Heirs
The Supreme Court on Monday (October 27) set aside the 37-year-old dismissal of a Railway Travelling Ticket Examiner (TTE), holding that the disciplinary findings were perverse and unsupported by evidence. The employee, who passed away during the prolonged litigation, will now have all consequential benefits released to his legal heirs. A bench of Justices Sanjay Karol and Prashant Kumar...
CCS Rules | Disciplinary Authority Need Not Hear Officer While Disagreeing With Enquiry Report Which Exonerated Him: Karnataka High Court
The Karnataka High Court has said that Rule 11A(2) of State Civil Services (Classification, Control and Appeal) Rules does not contemplate giving an opportunity to the delinquent officer before Disciplinary authority recording the point of disagreement on the findings made by the Enquiry Officer in respect of charge. A division bench of Justice D K Singh and Justice Rajesh Rai K said, “We...
Employees Can Only Be Reverted To Immediate Lower Post From Which They Were Promoted, Not To Lowest Post: Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that an employee can only be reverted to the immediate lower post from which they were promoted and reverting them to a post lower than that is unsustainable and bad in law. Background Facts The petitioner was initially appointed as a Technician Grade–III in...
Chargesheet Without Prior Approval Of Disciplinary Authority Is Void Ab Initio; Can't Be Ratified Later: Delhi HC
A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that a chargesheet issued without the prior approval of the competent disciplinary authority under Rule 14(3) of the CCS (CCA) Rules, 1965 is void ab initio, non-existent in law. Further it cannot be validated by subsequent ratification. Background Facts A chargesheet was issued...
Dismissal Of Border Police Constable For Absence Due To Illness Is “Harsh & Unjustified”: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the dismissal of an Indo-Tibetan Border Police constable for alleged desertion was arbitrary and disproportionate, particularly when his absence was due to medical reasons and he had served the force with an unblemished record for over 18 years.Justice Sandeep Sharma remarked that: “The petitioner had rendered over 18 years of unblemished...
No Employee, Including Retirees, Has Vested Right To Perpetually Reap Benefits Of Employer's Mistake Of Erroneous Payments: J&K HC
A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that recovery of erroneously paid benefits from retired low-level employees is impermissible, but correction of future pay/pension is allowed. Further that no employee, including one who has superannuated, possesses a vested right to perpetually reap the benefits...
Removal From Service For Procedural Lapses, Disinterest & Harassment of Subordinates, Disproportionate To Misconduct: Jharkhand HC
A Division bench of the Jharkhand High Court comprising Justice Sujit Narayan Prasad and Justice Arun Kumar Rai held that the capital punishment of removal from service is disproportionate to charges relating to procedural lapses, casualness in duty, lack of interest in work and harassment of subordinates. Background Facts The respondent joined the Bihar Education Service...
Probation Completion Doesn't Entitle Automatic Confirmation; Work & Conduct Report Can Decide Suitability If ACR Not Available: Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that confirmation and promotion cannot be claimed retrospectively and deferment based on adverse Work and Conduct Report does not amount to discrimination. Background Facts The High Court of Chhattisgarh published an advertisement to fill the post of...