Regularisation Takes Effect From Date Of Appointment Under Rules, Not Initial Ad-Hoc Appointment: Allahabad High Court

The Allahabad High Court has held that an ad hoc employee regularised under the U.P. Regularization of Ad-Hoc Appointments (on Posts Outside the Purview of Public Service Commission) Rules, 1979 cannot claim that his regularisation be treated as effective from the date of his initial ad hoc appointment or from the date on which he became eligible for regularisation. It held that under the...

Current Duty Charge Service Can't Be Counted For Regular Service For promotion : Punjab & Haryana High Court

A Division Bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Minderjeet Yadav held that service rendered on Current Duty Charge as stop-gap arrangement cannot be counted as completed service under statutory rules requiring eight years of substantive service in the cadre for promotion. Background Facts The respondent joined as a...

Dismissal Solely On Admission Of Guilt In Preliminary Enquiry Without Regular Charge-Sheet Is Arbitrary: Calcutta High Court

A Division Bench of the Calcutta High Court comprising Justice Shampa Sarkar and Justice Ajay Kumar Gupta held that an employee's confession in preliminary enquiry report cannot justify dismissal from service without issuing a charge sheet and conducting a regular disciplinary proceeding. Background Facts The appellant was working as the Head Assistant of IFU, SWM-I, Br.-VIII at...

Qualifying Service For Promotion Is Counted From Calendar Year Of Joining Feeder Cadre, Not From Actual Date Of Joining: Chhattisgarh HC

A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that qualifying service for promotion is counted from the calendar year of joining the feeder cadre, not from the actual date of joining, as per the Rule 6(2) of the Chhattisgarh Public Services (Promotion) Rules, 2003. Background Facts The...

Contractual Workers Engaged Under A Scheme Have No Right To Continue After Its Closure: Allahabad High Court

The Allahabad High Court has held that a person engaged on contract under a government scheme cannot claim a writ of mandamus for continued engagement once the employer has abandoned the scheme. It held that in the absence of any rule, regulation or government order providing for regularisation or absorption, such an engagee has no legal right on which a mandamus can rest.The Court further...

Protection Against Termination Under Section 21 UP Secondary Education Act Not Available To Ad Hoc Teachers: Allahabad High Court

The Allahabad High Court has held that the protection of prior approval of the Board under Section 21 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 is not available to a teacher appointed on ad hoc basis. It held that the safeguard operates in favour of teachers regularly appointed on the recommendation of the Board, or at least regularised...

Second Wife Can't Claim Compassionate Appointment Without Permission For Second Marriage Under Conduct Rules: Jharkhand HC

A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that second wife cannot claim compassionate appointment when the deceased government employee contracted the second marriage without permission under Rule 23 of the Bihar Government Servants' Conduct Rules, 1976, even if the marriage is permissible...

Service Rendered Before Regularisation Counts Towards Pension Eligibility, Not Towards Computation Of Pension: Allahabad High Court

The Allahabad High Court has held that the service rendered by a government servant before his regularisation, whether as a seasonal, ad-hoc, work-charged or temporary employee, must be counted while determining whether he has the qualifying service required to make him eligible for pension. It held that the pension itself can be computed only on the basis of the regular service rendered...

Co-Employee Cannot Challenge Colleague's ACR Grading Merely Because It Led To Supersession In Promotion: HP High Court

The Himachal Pradesh High Court has held that a co-employee has no locus standi to challenge the ACR grading of a colleague merely because the latter's higher grading has resulted in his or her supersession in promotion. The Court observed that where the colleague had been graded “Outstanding” by the competent authorities, a rival employee cannot seek interference with such ACRs in...

Public Holiday Preventing Joining On Due Date Can't Postpone Accrual Of First Increment: Allahabad High Court

The Allahabad High Court has held that where an appointment stood validly made and the appointee could take charge only on the next working day because the intervening day was a public holiday, the holiday cannot by itself postpone the accrual of a service benefit otherwise due to him.Paragraph 8(2) of the Government Order dated 22.12.2016, issued under the Seventh Pay Commission with effect...

Dependent Mother Cannot Be Denied Family Pension Merely Because She Has Other Surviving Children: Bombay High Court

The Bombay High Court's Circuit Bench at Kolhapur has held that a dependent mother of a deceased “single” government employee cannot be denied family pension solely on the ground that she has other surviving children, if those children are not in a position to provide her economic sustenance. The Division Bench of Justice Milind N. Jadhav and Justice Nandesh S. Deshpande allowed the...

University Must Honour Teachers, Can't Deviate From UGC Regulations On Payscale : Supreme Court Gives Relief To Associate Professor

The Supreme Court recently held that universities could not depart from the statutory guidelines and regulations governing the pay scale of their teaching staff. “University ought to honour its teachers and uphold their rights as they undertake to impart knowledge to vast number of students and they are estopped from departing from the regulations and guidelines. Hence, University cannot...