'Candidate Cannot Produce Documents At Document Verification Stage', Delhi High Court Dismisses Petition

A Division Bench of Delhi High court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition of a candidate seeking to set aside the rejection of his candidature due to having produced an experience certificate at the stage of document verification. The Bench held that the Advertisement specified the date of uploading the documents and it could not be considered a...

'Balance Must Be Stricken Between Mistake And Chance To Rectify Lapse', Delhi High Court Allows Candidates To Join Post

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed while allowing a Petition that authorities must look into the accuracy of documents and decide the cases of candidates based on facts and circumstances of each case. While holding that the submission of documents was an important step in selection process and must be adhered to strictly,...

Regularizing Contractual Employees Appointed Against Public Policy Bad In Law: Telangana HC Declares S.10-A Of 1994 Law Ultra Vires

The Telangana High Court has, in a case pertaining to regularization of contractual employees, declared Section 10-A of the Regulation of Appointments to Public Services and Rationalization of Staff Pattern and Pat Structure) Act, 1994 as ultra vires.The provision was challenged for allegedly regularizing illegal appointments made on contractual basis. Division bench of Justice Sujoy Paul...

Allahabad High Court Upholds Regularization Of Greater Noida Industrial Development Authority Workmen

Recently, the Allahabad High Court has upheld the award granted by the Industrial Tribunal to the workmen of the Greater Noida Industrial Development Authority regularizing their services in the Authority establishment.“The Industrial Tribunal while deciding the 16 misc. cases, under Section 16-F of the Act of 1947 has recorded finding of fact that petitioner-authority has violated...

Adverse Remarks In Appraisal Report For Carrying Weapons To Quarters, Delhi High Court Dismisses Petition

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition seeking quashing of Displeasure awarded by DG, BSF and the order rejecting the representation of the Petitioner against the advisory remarks in the APAR. The Bench stated that the Petitioner who was in possession of his service weapon in his Government Quarters could not provide...

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh held that if a candidate's appointment was not as per law, it would be immaterial as to how many years he has discharged duties in relation to the post. The Bench upheld the order of the Single Judge that had denied relief to the Appellant(Head Clerk) who was appointed to the post...

Person Engaged In Construction, Maintenance Or Demolition Of Buildings Above One Storey Is Employee Under Employees Compensation Act: Allahabad HC

The Allahabad High Court has held that any person engaged in construction, maintenance, repairing or demolition of any building which is more than one story high is an employee for the purposes of compensation under the Employees Compensation Act, 1923.Claimant-appellant's husband was carrying out wall painting and repair work when he fell from the third floor of a building and sustained...

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge Bench. The Court...

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court

The Allahabad High Court has held that merely because an employee in a part of the Central Government services will not entitle him to appointment in Provincial Services. It was held the State Government cannot mechanically appoint him despite having criminal case pending against such employee.While dealing with a case where the Petitioner was booked under the Dowry Prohibition Act, 1961,...

For 'Recruitment By Transfer', Condition Prescribed In Notification Must Be Scrupulously Followed Until Appointment: Kerala High Court

While hearing a plea against the rejection of a man's candidature to the post of a typist on account of his promotion prior to recruitment to the post, the Kerala High Court said that 'recruitment by transfer' under the relevant rules requires that the condition prescribed in the concerned recruitment notification is scrupulously followed till appointment is effected.It observed that when...

'Widowed Daughter Falls Within Definition Of Dependent Family', Allahabad HC Directs Compassionate Appointment

A Division Bench of the Allahabad High Court comprising Justices Rajan Roy, and Om Prakash Shukla granted relief to a widowed daughter seeking appointment to the post her deceased father based on compassionate grounds. The Court held that even after marriage or widowhood, a woman would continue to be a daughter. Moreover, if she was widowed before the death of her father, she would for all...

'Candidate Cannot Be Dismissed From Service If Certificates In Dispute Are Not Cancelled', Patna High Court Sets Aside Order Of Dismissal

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh set aside an order of dismissal observing that as long as the certificates in dispute were not cancelled, the Authorities could not initiate Disciplinary Proceedings or impose penalty in the form of a dismissal order.BackgroundThe Appellant was appointed as an Assistant Engineer on 23.06.1987 in...