Labour & Service
Caste Certificate Of Woman Candidate Recommended As Tax Officer Under ST Category Validated After Gujarat High Court's Intervention
The caste certificate of a meritorious woman candidate who was denied appointment as State Tax Officer under Scheduled Tribe (Female) category despite selection and recommendation by state public service commission, was validated by the scrutiny committee after intervention by the Gujarat High Court. The petitioner had approached the High Court claiming her ST status for the appointment to...
Deputation Does Not Bar Claim For Equivalent Designation Based On Experience: J&K&L High Court
The Jammu & Kashmir High Court held that experience gained in the parent department cannot be excluded while determining equivalent designation in the borrowing organisation.A bench of Justice Javed Iqbal Wani said that the stand that a deputationist cannot seek equivalent designation in the borrowing department is misconceived, palpably erroneous, unfair, unreasonable, and...
Supreme Court Annual Digest 2025- Service Law
Alteration of Selection Criteria - Weightage of Qualifications - Jammu and Kashmir Services Selection Board (Board) - Recruitment of Foresters - Academic Qualification for Forester - Held that the minimum academic qualification for the post of Forester was or equivalent with Science - Stress was primarily on physical attributes and viva voce, not solely academic criteria - The...
State Cannot Deny Work-Charged Benefits To Eligible Worker On Ground Of Cadre Abolition: HP High Court
The Himachal Pradesh High Court held that abolition of the work-charged establishment in 2005 could not nullify a right that had already accrued in favour of the employee in 2003. Justice Ranjan Sharma remarked that: “Once a right for work charge status had accrued to the petitioner on completion of 8 years of continuous service w.e.f. 01.01.2003… the abolition of work charge establishment...
Employee Who Forgoes Earlier Promotion Can't Claim Reconsideration Within One Year: HP High Court
The Himachal Pradesh High Court dismissed a writ petition filed by Indu Sharma, a retired Junior Assistant, challenging the placement and promotion of her juniors to the post of Senior Assistant in the Department of Language and Culture.Justice Ranjan Sharma remarked that: “If an employee was promoted to a higher post and such an employee refuse or foregoes his promotion then, the said...
Sweeping Allegations On 'Bad Reputation' Without Service Record Cannot Sustain Premature Retirement Order: J&K&L High Court
The Jammu & Kashmir High Court held that a government servant cannot be prematurely retired merely on the basis of vague and unsubstantiated allegations regarding his “bad reputation,” especially when such observations are not supported by any cogent material from the service record. The Division Bench of Sanjeev Kumar, Justice Sanjay Parihar upheld the writ court's decision quashing...
Inclusion In Waiting List Doesn't Create Indefeasible Right To Appointment: Allahabad High Court
The Allahabad High Court has recently reiterated that a wait list candidate has no absolute right for being considered for appointment and wait list cannot be for an indefinite period. Justice Saurabh Shyam Shamshery held,“It is well settled that a person in waiting list has no absolute right for consideration to get appointed as well as that a waiting list cannot remain in existence...
Mere Incarceration In Criminal Case Without Conviction Can't Be Ground To Remove CISF Personnel From Service: Allahabad High Court
A division bench of the Allahabad High Court recently upheld the Single Judge order quashing termination order of a CISF Head Constable who was accused of murder and was incarcerated for a small period on grounds that disciplinary proceedings could not be initiated merely on grounds of his incarceration.The bench of Justice Rajan Roy and Justice Rajeev Bharti held,“we are of the opinion...
Discharge During Probation Not Punitive Merely Due To Pending Criminal Case: Himachal Pradesh High Court Dismisses Peon's Plea
The Himachal Pradesh High Court dismissed a writ petition filed by Faqeer Chand, who challenged his discharge from service during the period of probation while working as a Peon in the establishment of the High Court.The Court held that the impugned order was a discharge, passed in accordance with the terms of appointment and service rules, and did not amount to a punitive or...
Review Power Not Inherent; Authority Becomes Functus Officio Once Final Order Passed: Patna HC Reinstates Panchayat Teachers After 10 Years
The Patna High Court recently set aside the orders of the state-level tribunals and reinstated two women Panchayat teachers in Buxar after nearly a decade-long legal battle. In doing so, the Court reiterated that the power of review is not an inherent attribute of a judicial or quasi-judicial authority and must flow from a specific statutory conferment.A Single Judge Bench comprising Justice...
Participation In Strike Alone Cannot Justify Termination Without Enquiry: Patna High Court
The Patna High Court held that participation in a strike, by itself, cannot automatically justify termination of service, particularly in the absence of any finding of illegality of the strike or misconduct attributable to the employee. The Court further held that treating absence during a strike as misconduct or abandonment of service requires adherence to due process, including issuance of...