Labour & Service
'No Vested Right By Mere Inclusion In Revised Select List' : Supreme Court Upholds Fresh Selection Process For TN MV Inspectors
The Supreme Court has held that candidates whose names figure in a select list cannot claim any vested right to appointment when a fresh selection process is ordered to remedy exclusion of other eligible candidates, observing that participation in a renewed recruitment exercise preserves fairness and equal opportunity."No vested right could be claimed merely by placement in the revised...
Bombay High Court Restores Dismissal Of Employee For Vulgar Remarks Against Koli Women
The Bombay High Court has upheld the dismissal of a man from his service, on the ground that he used filthy language against his employer and also the fisher women while he was tasked for driving the Koli community women and transporting their fish to market on a daily basis. [2026 LiveLaw (Bom) 291]Single-judge Justice Sandeep Marne said that an employee who has become incalcitrant and...
State Cannot Deny Old Pension Scheme Benefits Due To Appointment Delay Caused By Its Own Error: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that where a candidate is wrongfully denied appointment due to an error attributable to the appointing authority, the State cannot subsequently rely upon the delayed appointment to deny benefits that were available to similarly situated selectees at the relevant time.Upholding the grant of Old Pension Scheme benefits to a Junior...
No Right To Retrospective Promotion Merely Due To Delayed Assessment By Department Committee: Uttarakhand High Court
The Uttarakhand High Court has held that an employee cannot claim retrospective promotion merely because the Departmental Promotion Committee (DPC) was constituted at a later point in time. The Court observed that in the absence of any provision or guideline providing for promotion from a deemed date, no employee can claim retrospective promotion.Justice Manoj Kumar Tiwari was hearing a...
Employee Can't Claim Special Grade Benefits By Deliberately Delaying Joining Of Promotional Post : Madras High Court
A Division Bench of the Madras High Court comprising Justice N. Sathish Kumar and Justice M. Jothiraman held that employee who had been promoted before completing the qualifying period for grant of Special Grade could not claim such benefits by delaying the assumption of charge of the promotional post. Background Facts The employee (appellant) was initially appointed as an...
Outsourced Forest Dept Employees Not Bound By Official Secrets Act, But Expected Not To Divulge Sensitive Info: Uttarakhand High Court
The Uttarakhand High Court has held that even if an outsourced employee is not bound by the provisions of the Official Secrets Act, such an employee is nevertheless expected not to divulge sensitive official information to strangers. The Court observed that this obligation applies equally to regular and outsourced employees working in a government department.Justice Manoj Kumar Tiwari was...
DGCA Cannot Suspend Pilot's License Without Show-Cause Notice; Merely Based On FIR: Bombay High Court
The Bombay High Court has held that the Director General of Civil Aviation (DGCA) cannot suspend a pilot's licence without issuing a show-cause notice and affording an opportunity of hearing merely because an FIR has been registered or allegations of forged documents have surfaced. [Citation: 2026 LiveLaw (Bom) 285]The Court clarified that the exception under Rule 19 of the Aircraft Rules,...
Removing Employee From Service In Private Unaided School Void If Passed Without Prior Approval Of Director Of Education : Delhi HC
A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that the dismissal order is void for violating Section 8(2) of the Delhi School Education Act, 1973, which requires prior approval of the Director of Education before imposing penalty of removal from service on an employee of a private unaided school. Background Facts...
Legality Of Regularisation: What Courts Say About Contract Employees
In India, we have millions of workers including but not limited to guest lecturers, ,pump operators, data entry assistants, special police officers who serve for decades in departments of the central government and different state governments performing functions that are not distinguishable from those of regular employees, yet these workers continue to hold the status of a “temporary” or “contractual” employee and they are perpetually denied pensions, increments, and social security benefits at...
Does A Recruitment Freeze Apply To Compassionate Appointments? Kerala High Court Answers
The Kerala High Court in a recent judgment held that a ban on regular appointments would not automatically act as a bar for compassionate appointments. [2026 LiveLaw (Ker) 330]Justice Viju Abraham referred to two decisions rendered by the Bombay High Court that took a similar view and reasoned that the compassionate employment scheme is an exemption to help a family to survive sudden...
DTC Conductor's Dismissal Invalid: Charge Of Collecting Fare Without Issuing Tickets Not Established Without Cash Verification : Delhi HC
A Division Bench of the Delhi High Court comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia held that the failure to supply relevant documents (like the Log Book and past service record) and the absence of cash verification to prove misappropriation vitiates the disciplinary enquiry, entitling the conductor to reinstatement with continuity of...
Withdrawal Of Earlier Challenge To Defective Charge Memo Doesn't Bar Disciplinary Authority From Issuing Fresh, Valid Charge Memo: Calcutta HC
A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that the dismissal of a prior proceeding as infructuous due to a defective charge memo does not bar the disciplinary authority from issuing a fresh, proper charge memo as Order 23 Rule 1 CPC does not apply. Background Facts A departmental proceeding was initiated...












