Labour & Service
SAIL Can Withhold Gratuity, Adjust It Against Penal Rent If Ex-Employees Illegally Retain Quarters: Supreme Court
The Supreme Court has ruled that the Steel Authority of India Limited (SAIL) is entitled to withhold gratuity and adjust penal rent from the dues of retired employees who continue to occupy company quarters beyond the permissible period, setting aside contrary directions issued by the Jharkhand High Court.Affirming SAIL's powers under Rule 3.2.1(c) of the SAIL Gratuity Rules, the Court held...
Govt School Teacher's Bigamous Marriage Prior To Appointment Not Misconduct But Strikes At Root Of Eligibility: Allahabad High Court
The Allahabad High Court has held that a woman, who entered into a bigamous marriage before being appointed as a government school teacher, cannot be punished for misconduct on this ground under U.P. Government Servant Conduct Rules and U.P. Government Servants (Discipline and Appeal) Rules. It however held that the candidate, who contracted marriage in 2009 with a person whose first marriage...
Ad-Hoc Service Can't Be Ignored For Promotion If Appointment Was Not Illegal: Allahabad High Court
The Allahabad High Court has held that ad-hoc service of an employee cannot be ignored by the government for promotion if appointment was not illegal. It also held that promotion must be awarded to an employee, whose claim was illegally ignored, from the date on which his juniors were given promotion. Holding that an ad-hoc appointment made pursuant to the rules can at best be irregular and...
“Unjust To Sustain Departmental Findings After Acquittal On Identical Evidence”: Bombay High Court Quashes CISF Officer's Dismissal
The Bombay High Court has held that dismissal from service based on findings in departmental proceedings cannot be sustained where the delinquent employee has been acquitted in a criminal trial arising from the same incident and based on identical evidence. The Court observed that where the charges, witnesses, evidence, and circumstances in both proceedings are substantially the same,...
Chhattisgarh High Court Quashes Appointment Of State Pharmacy Council Registrar, Says Govt Cannot Directly Appoint Under Pharmacy Act
The Chhattisgarh High Court has quashed the appointment of Ashwani Gurdekar as Registrar of the Chhattisgarh State Pharmacy Council, holding that under Section 26 of the Pharmacy Act, 1948, the Registrar must be appointed by the State Pharmacy Council with the prior sanction of the State Government, and not directly by the Government.Justice Parth Prateem Sahu was hearing a writ petition...
Authorities Can't Undermine Court Order By Initiating Belated Enquiry To Deny Promotion: J&K&L High Court
The Jammu & Kashmir High Court held that the State cannot defeat the effect of a judicial decision by initiating a belated departmental enquiry and simultaneously declaring an employee “unfit” for promotion. The Court observed that such administrative action amounts to an attempt to neutralise the relief granted by the Court and violates the rule of law.A bench of Justice Javed Iqbal...
“Salary Cannot Be Held Hostage To Bureaucratic Delay”: Bombay HC Raps Authorities Over Pending Shalarth Proposals, Fixes 60-Day Timeline
The Bombay High Court has expressed serious concern over the practice of education authorities keeping proposals relating to teachers' inclusion in the Shalarth system pending for months or even years, resulting in teachers being deprived of their lawful salaries. The Court observed that once the appointment of a teacher on an aided post has been duly approved, inclusion of the teacher's name...
One-Year Discharge Period For Ex-Servicemen Quota Should Be Counted From Date Of Exam Results, Not From Last Date Of Application : Delhi HC
A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that where eligibility rules are ambiguous, they must be interpreted in favour of the candidate, and the one-year discharge period for Ex-Servicemen should be counted from the date of exam results, not the last date of application for exam. Hence, a candidate serving in the...
Anganwadi Workers With Degree Not Barred From 29% Quota For Supervisors In Kerala: Supreme Court
The Supreme Court has held that Anganwadi Workers possessing a graduate degree are not barred from competing for the 29% quota earmarked for workers with SSLC qualification and 10 years' experience for appointment as Supervisors under the Integrated Child Development Scheme (ICDS). The Court clarified that the additional 11% earmarked for graduates is only an exclusive channel for them, and...
Denial Of Compassionate Appointment To Higher Post Despite Educational Qualifications & Eligibility Is Arbitrary: Andhra Pradesh HC
A Division Bench of the Andhra Pradesh High Court comprising Justice R Raghunandan Rao and Justice T.C.D.Sekhar held that a candidate appointed on compassionate grounds cannot be denied appointment to a higher suitable post matching his educational qualifications by wrongly applying rules for promotion. Background Facts The petitioner's father was working as an Examiner of Copies...
Anganwari Helper Has Preferential Right For Promotion As Worker, Transferee Can't Claim Post: HP HC
A Division Bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Bipin C. Negi held that if a vacancy arises at an Anganwari Centre, the existing Anganwari Helper has a preferential right to be considered for promotion as Worker and such right cannot be defeated by a transfer on marriage grounds which is only recommendatory and...
Reversion For Lack Of Qualification After 18 Service Valid, But Pension Can Be Fixed Based On Higher Post: Andhra Pradesh HC
A Division Bench of the Andhra Pradesh High Court comprising Justice R. Raghunandan Rao and Justice T.C.D. Sekhar held that a government employee wrongly promoted without requisite qualification can be reverted, but if there is no fraud then recovery of salary is impermissible and pension can be fixed on the basis of higher post. Background Facts The petitioners were...