Labour & Service
Bureaucrats Must Realise That Benefits Received By Them Are Possible Due To Freedom Fighters: HP High Court On Denial Of Pension To Widow
The Himachal Pradesh High Court dismissed appeals filed by the Union of India and the State of Himachal Pradesh against the widow of a freedom fighter seeking pension.The Court held that despite repeated reminders by the Supreme Court regarding the purpose of Swatantrata Sainik Samman Pension Scheme the state authorities continued to deny pension on untenable grounds. The Court further...
Chairman/Member Of Cooperative Tribunal Entitled To Revised Pension After Deduction Of Parent Service Benefits: Uttarakhand HC
A Division bench of the Uttarakhand High Court comprising Justice Ravindra Maithani and Justice Alok Mahra held that a person retiring as Chairman or Member of the Uttarakhand Cooperative Tribunal is entitled to recalculation of pension, gratuity, and other post-retiral benefits by including the service rendered in the Tribunal, after deducting benefits already received from the...
Family Pension For Railway Employees With 10+ Years Of Service Cannot Be Denied Due To Employer's Failure To conduct Screening: P&H High Court
A Division Bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that a casual railway employee who was granted temporary status and rendered more than 10 years of qualifying service before death is entitled to family pension benefits under the Family Pension Scheme, 1964, even if he was not formally screened i.e. assessed...
Delay In Deciding Voluntary Retirement Request Can't Deprive Employee Of Pensionary Benefits: J&K HC
A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that non-decision on Voluntary Retirement request cannot deprive an employee of pensionary benefits post-retirement. Background Facts The respondent was appointed as Agriculture Extension Officer in the Department of Agriculture on 31.12.1983. He applied for leave...
Karnataka High Court Upholds Lokayukta Enquiry Against Asst Public Prosecutor Accused Of Malpractices Prior To Appointment
The Karnataka High Court recently dismissed a petition filed by a lawyer appointed as Assistant Public Prosecutor against an order of the State Administrative Tribunal, which rejected his plea challenging the entrustment of an enquiry to the Lokayukta against him for alleged actions done prior to his appointment. A division bench of Chief Justice Vibhu Bakhru and Justice C M Poonacha...
Low Vision Candidates Not Eligible For Assistant Agriculture Engineer Post If Not Identified Under PwD Notification : Orissa HC
A Division bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Mruganka Sekhar Sahoo held that Candidate with low vision disability cannot claim selection for the post of Assistant Agriculture Engineer when the disability is not identified as suitable for the post under the Government notification issued under Sections 32 & 33 of the...
Promotional Benefits Can't Be Denied Post-Retirement If Juniors Were Promoted Earlier: Himachal Pradesh HC
A Division bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that an employee cannot be denied the benefit of promotion and consequential benefits merely on the ground of retirement, if his juniors were promoted and regularized during his service tenure. Background Facts The respondent was working with the H.P....
Selective Regularisation Of Similarly Situated Daily Wagers In Same Establishment Violates Equity : Supreme Court
The Supreme Court recently ruled against the selective regularization of similarly situated employees. It held that daily wage employees engaged in perennial work cannot be discriminated against by denying them regularization while extending the benefit to other similarly situated workers on vacant posts. The bench comprising Justices Vikram Nath and Sandeep Mehta heard the case where...
State Information Commissioner Entitled To Same Salary, Allowances & Post-Retiral Benefits As Chief Secretary : Gauhati HC
A Division bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the State Information Commissioner is entitled to the same salaries, allowances, and post-retiral benefits as the Chief Secretary of the State. Further that these benefits cannot be denied on the ground of not having 10 years of qualifying service, if the individual...
Retirement Age Of Cooperative Society Employees Can Be Increased Only Through Statutory Amendment, Not Departmental Proposals: J&K HC
A Division bench of the Jammu and Kashmir High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem held that retirement age of employees of Cooperative Societies remains 58 years as per SRO 233 of 1988, and it can only be altered through formal amendment of statutory rules, not by departmental recommendations, proposals, or draft amendments. Background Facts...
Unauthorized Absence In Uniformed Force Beyond 60 Days Constitutes Desertion & Justifies Dismissal From Service: Jammu &Kashmir High Court
A Division bench of the Jammu &Kashmir High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem held that a member of a disciplined force who fails to report for duty after expiry of leave and remains absent for a prolonged period without sufficient cause can be declared a “deserter,” and dismissal from service under Section 11(1) of the CRPF Act, 1949 read with Rule...
Joining Within Extended Period Entitles Employee To Seniority From Original Appointment Date: Delhi HC
A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that if an appointee joins service within the period extended by a competent authority or by court orders, such joining is deemed to be within the stipulated time in the offer of appointment, and seniority must be reckoned from the original appointment date without any depression in...