Labour & Service
Non-Disclosure Of Prior Job Application By Newly Appointed Employee Can't Defeat Old Pension Scheme Benefit: Calcutta High Court
A Division Bench of the Calcutta High Court comprising Justice Amrita Sinha and Justice Biswaroop Chowdhury held that procedural requirements for disclosure of prior job applications should be interpreted liberally, and non-disclosure by a newly appointed employee unaware of such obligations does not bar entitlement to a beneficial welfare scheme (Old Pension Scheme). Background...
Unchallenged Order Directing Salary Payment Cannot Validate Appointment Based On Forged Approval: Allahabad High Court
The Allahabad High Court has held that an administrative order directing payment of salary confers no enforceable right to salary from the State exchequer, even where it was never challenged or set aside, if the approval order on which the appointment rests is later found to be forged. It held that the finality attaching to an administrative order is distinct from the legality of the...
Employee Terminated After Acquittal Entitled To Back Wages Till Reinstatement: Rajasthan High Court
The Rajasthan High Court has held that when an employee is terminated after being acquitted in a criminal case, s/he would be entitled to back wages for the period between such termination and reinstatement. The division bench of Chief Justice Sanjay K Agarwal and Justice Inderjeet Singh observed that even though subsequent acquittal did not retrospectively erase legal consequences of...
Writ Court Can't Sit As Academic Expert To Decide Equivalence Of Degrees Where Rules Prescribe None: Allahabad High Court
The Allahabad High Court has held that where the service rules prescribing the qualification for a post make no provision for consideration of equivalent degrees, the writ court cannot decide whether a degree not named in the rules is equivalent to the one prescribed. It held that in exercise of its power under Article 226 of the Constitution of India, the Court cannot sit as an academic...
AP High Court Quashes MGNREGA Employee's Removal After Panchayat Downgraded, Cites Lack Of Hearing Or Alternative Post Under Policy
The Andhra Pradesh High Court has quashed the removal of a contractual Field Assistant under the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) noting that it was done without notice, without giving a hearing and without offering the alternative engagement contemplated under the applicable policy.[2026 LiveLaw (AP) 227]The issue arose after the petitioner failed to meet...
Teacher's Challenge To Termination By Private Unaided Trust Not Maintainable In Writ, Dispute Is Contractual: Allahabad High Court
The Allahabad High Court has held that a writ petition challenging the termination of a teacher by a private unaided educational institution run by a trust is not maintainable under Article 226 of the Constitution. It held that the dispute being a purely contractual one between employer and employee.Distinguishing between the amenability of a private body to writ jurisdiction and...
No Distinction Between 'Honourable' & Other Acquittals For Service Benefits: Rajasthan High Court Orders Full Salary For Suspension Period
The Rajasthan High Court has held that there is no legally sustainable difference between 'honourable acquittal' and 'acquittal' for the purpose of granting service benefits to a suspended employee. The bench of Justice Anand Sharma set aside the orders of the employer-LIC (respondent) as per which the petitioner was denied the service benefits for his time when he was put under suspension...
State Vicariously Liable For Negligent Acts Of Government Hospital Employees Resulting In Loss Of Eyesight: Calcutta High Court
A Division Bench of the Calcutta High Court comprising Justice Shampa Sarkar and Justice Arjun Ray Mukherjee held that the State is vicariously liable for medical negligence resulting in loss of eyesight in government hospitals, and compensation can be awarded under Article 226 for violation of the right to life under Article 21. Background Facts The appellant was an electrician...
Minority Aided Institutions Can Appoint Teachers To Sanctioned Vacant Posts Without Prior Permission : Madras High Court
A Division Bench of the Madras High Court comprising Justice C. V. Karthikeyan and Justice R. Sakthivel held that minority institutions under Article 30 have the right to fill already-sanctioned vacant teaching posts without prior approval, subject to qualifications and procedural rules, and approval for grant-in-aid cannot be denied arbitrarily. Background Facts The respondent...
Rajasthan High Court Refuses To Interfere In 'Administrative Issue' Of Posting IPS Officer As Police Superintendent
The Rajasthan High Court has refused to interfere with the administrative issue concerning the appointment of a Superintendent of Police (SP), Nagaur, from the Rajasthan Police Service (RPS) cadre instead of the Indian Police Service (IPS) cadre.A division bench comprising Dr. Justice Pushpendra Singh Bhati and Justice Bipin Gupta was hearing a Public Interest Litigation (PIL) filed by...
Mutual Transfer Is Permissible Only If Both Employees Are Governed By Same Service Rules: Gauhati High Court
A Division Bench of the Gauhati High Court comprising Justice Michael Zothankhuma and Justice Anjan Moni Kalita held that mutual transfer is permissible only if both employees are governed by the same Service Rules, i.e. the Assam Directorate Establishment (Ministerial) Service Rules, 1973. Background Facts The respondents were Junior Assistants in the Animal Husbandry...
Employee Must Be Heard Before Pay-Scale Reduction Even If Initial Appointment Was Irregular: Rajasthan High Court
The Rajasthan High Court has upheld the quashing of an order that reduced pay-scale of employees without affording opportunity of hearing, irrespective of the fact that the initial appointments of the concerned employees against regular posts were irregular and reduction of their pay scale was a consequence of restoring their position prior to such irregularity. The division bench of...