Labour & Service
State Can Interchange Reservation Among Disability Categories; Exclusion Of Visually Impaired From Commerce Faculty Posts Not Illegal : Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that under Section 34 of the Rights of Persons with Disabilities Act, 2016, the State can interchange reservations among disability categories, so excluding visually impaired candidates for Commerce faculty posts is not illegal. Background Facts An advertisement...
Condonation Of Up To 12 Months Shortfall In Qualifying Service Permissible For Grant Of Second Service Pension: P&H HC
A Division bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that shortfall of less than 12 months in qualifying service for second service pension is condonable, therefore entitling the respondent to second service pension. Background Facts The respondent was enrolled in the Indian Army on 21.09.1961. He was...
Court Can't Infer Cumulative Age Relaxation When Rules & Recruitment Advertisement Are Silent: Rajasthan High Court
The Rajasthan High Court has held that each age relaxation provided under Rule 9 of the Rajasthan Ayurvedic, Unani, Homoeopathy And Naturopathy Service Rules, 1973 were to be applied independently since no cumulative age relaxation was envisaged across different categories.In doing so the court said that the Rules demonstrated a deliberate legislative design in carving out age...
'Workers Can't Be Denied Permanent Status Merely Due To Unavailability Of Sanctioned Posts': Bombay High Court
The Bombay High Court has held that workmen who have completed the requisite period of continuous service cannot be denied permanent status merely on the ground that sanctioned posts are unavailable. The Court emphasised that such a denial would amount to continued exploitation of the workers, contrary to welfare legislation and the mandate of social justice.Justice Milind N. Jadhav was hearing...
Mere Registration Of FIR Not Ground To Withhold Promotion: P&H HC
A Division bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that mere registration of an FIR does not amount to pendency of criminal proceedings, and promotion can be withheld only after a charge-sheet is filed or charges are framed. Background Facts During the service, a promotion order dated 25.05.2022 was issued...
Promotion Can't Be Denied When Criminal Case Is Pending Without Chargesheet Being Framed: HP High Court
The Himachal Pradesh High Court has held that pendency of a criminal case, where no charge sheet has been filed, cannot be a ground to deny promotion to an employee exonerated of all charges in the departmental inquiry.Justice Sandeep Sharma noted that: “Admittedly no charge sheet has been served upon the petitioner. Though the Magistrate concerned is well within his/her right to order...
Retired Class-IV Employee Not Expected To Understand Terms Like 'Acquiescence' Or 'Delay': HP High Court Quashes Pension Rejection Order
The Himachal Pradesh High Court has quashed the pension rejection order of a daily wage beldar worker, holding that pension cannot be denied on the ground that of delay in filing claim as a class IV cannot be expected to understand technical legal concepts like acquiescence or laches, and pension is a recurring right that cannot be defeated by delay.Rejecting the State's contention,...
Married Daughter Can't Be Excluded From Family For Purpose Of Compassionate Appointment: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a married daughter cannot be excluded from the definition of “family” for the purpose of compassionate appointment, and family income has to be calculated including them as well.Quoting Rakesh Kumar V/s State of H.P., 2022, Justice Jyotsna Rewal Dua Noted that: “Simply because the daughter is married, this does not means that she loses...
Even If Workman's Written Statement Is Not Rebutted, Labour Court Must Consider Evidence Before Passing Award: Allahabad High Court
The Allahabad High Court has held that even if no rebuttal has been filed to the workman's written statement, the Labour Court must look at the evidence and apply its judicial mind while passing the order. It held that merely because of Rule 12 (9) of the U.P. Industrial Disputes Rules, 1957, the evidence cannot be ignored, and the award cannot be passed solely based on the averments made by...
State Can Clarify 'Equivalence Of Qualification' For Recruitment Even After Commencement Of Selection Process: Allahabad High Court
The Allahabad High Court has held that the State Government is competent to clarify its position regarding 'equivalence of qualification' for recruitment to a post, even after commencement of selection process.While dealing with the issue of status of the qualification of Post Graduate Diploma in Computer Application ('PGDCA') issued by Ewing Christian College, Allahabad which is an...
Pensionary Benefits Can't Be Withheld Indefinitely On Account Of Possible Disciplinary Proceedings In Future: Karnataka High Court
The Karnataka High Court has said that pensionary and retiral benefits of a former employee cannot be withheld indefinitely on account of a possible disciplinary proceedings on a future date.A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi held thus while dismissing appeal by Bangalore Electricity Supply Company Limited against single judge's order directing the company to...
Disabilities Attributable To Military Service; Pension Must Be Granted By Rounding Off Disability From 20% To 50% : P&H HC
A Division bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that a disability not noted at the time of entry into military service is presumed to be attributable to or aggravated by service, and the disability pension must be granted by rounding off the percentage from 20% to 50%. Background Facts The respondent...