Deputationist Can Be Repatriated Anytime For Unsatisfactory Conduct; No Vested Right To Continue On Deputation: Calcutta HC

A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the deputationist has no vested right to continue on deputation and can be repatriated at any time if conduct is unsatisfactory, provided that the procedure under DOPT OM 17.06.2010 is duly followed. Background Facts The employee was a Senior Private...

Employees Of Karnataka Media Academy And State Temperance Board Are Not Govt Servants, Can't Claim Pension: High Court

The Karnataka High Court has held that employees of the Karnataka Media Academy or the Karnataka State Temperance Board are not eligible to pension as Government servants, noting that there was no provision making their service pensionable under relevant rules. A division bench of Justice Anu Sivaraman and Justice Vijaykumar A Patil held thus while allowing a batch of appeals filed by the...

University Cannot Reject Candidate's Degree For Recruitment After Accepting Him For PhD Based On Same Qualification: HP High Court

The Himachal Pradesh High Court held that a university can't apply inconsistent standards by treating a candidate's Master's degree as an eligible subject for PhD admission but ignoring the same qualification during selection for the post of Assistant Professor.Justice Sandeep Sharma remarked that: “...respondents are estopped from adopting different yardsticks while considering M.Sc....

Caregiver Of Disabled Dependent Entitled To Transfer Exemption; Interests Of PwD Prevail Over Administrative Convenience : Delhi HC

A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that the interests of a disabled dependent prevail over administrative convenience, and caregivers of persons with disabilities are entitled to exemption from routine transfers, and reasonable accommodation is mandatory. Background Facts The petitioner is an...

Reserved Candidate With Higher Merit Must Be Migrated To General Category: Rajasthan High Court Reiterates

The Rajasthan High Court has reiterated that a reserved category candidate who had not availed of any relaxation except for fee relaxation, and had secured higher marks than the last selected candidate of the General Category, was mandatorily required to be migrated to the general category.The bench of Justice Farjand Ali stated that underlying principle behind such decision is that the...

Withdrawal Of VRS Permissible Before Effective Date; Consequential Benefits Barred By Estoppel If Post-Retirement Employment Availed: Chhattisgarh HC

A Division Bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that an employee can withdraw a notice of voluntary retirement any time before it becomes effective under Rule 67(4) of the Railway Services (Pension) Rules, 1993, however, he is estopped from claiming consequential service benefits if he has...

Termination Of Trainee Cadet For Isolated Act Committed Under Severe Mental Distress, Without Dishonest Intent Is Shockingly Disproportionate: Delhi HC

A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that termination of a trainee cadet for an isolated act committed under severe mental distress, without dishonest intent is shockingly disproportionate and violates the principles of natural justice. Background Facts The petitioner cleared the NDA entrance examination...

Selection Criteria Cannot Be Changed After Interview : Supreme Court

Reaffirming that selection criteria cannot be altered once the final stage of evaluation is complete, the Supreme Court dismissed the Jammu and Kashmir Services Selection Board's appeal against the High Court's direction to create an additional post for candidates adversely affected by the post-interview change in criteria for the Forester recruitment. The Court held that modifying...

Vigilance Bureau Staff Entitled To Equal Pay As Other Police Units From 2015: Patna High Court Upholds Retrospective Additional Salary

The Patna High Court has confirmed that Vigilance Bureau staff are entitled to retrospective parity in additional salary benefits, bringing them in line with other Bihar Police units.The matter was decided by the bench of ACJ Sudhir Singh and Justice Rajesh Kumar Verma.The case stemmed from a Single Judge decision holding that the policy dated 30.06.2017—granting one month's additional...

Employee Can't Decide Location Of Anganwari Centre, Must Abide By Directions: HP High Court

The Himachal Pradesh High Court upheld the termination of an angwari worker who repeatedly disobeyed the departmental orders to shift the Anganwari Centre from her home to the local Mahila Mandal Bhawan.The Court held it was not her decision to decide the location, she was merely supposed to abide by the directions. Justice Jyotsna Rewal Dua remarked that:“It was not for the petitioner...

Employees Provident Fund Act | EPFO Cannot Issue Prohibitory Order U/S 8-F Without Prior Notice To Debtor: Bombay High Court

The Bombay High Court held that the Employees Provident Fund Organisation cannot issue a prohibitory order under Section 8-F of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, without first issuing a notice to the debtor of the employer and giving an opportunity to file a statement on oath, as mandated under Section 8-F(3)(i) and (vi). The Court observed that the...

Standard Of Family's Indigence For Compassionate Appointment Can't Be Interpreted As 'Beggary': Rajasthan High Court

The Rajasthan High Court has held that the technical definition of “indigent” under Order XXXIII, Rule 1 of CPC, could not be transposed mechanically into the domain of compassionate appointment as that would reduce the scheme illusory,by imposing a threshold that no eligible family could practically meet.“Indigent Person” under CPC meant that a person who did not possess sufficient...