Labour & Service
If Disability Is Acquired During Service, Employee Must Be Shifted To Suitable Post Instead Of Termination: Allahabad High Court
The Allahabad High Court has held that where disability is acquired during the course of the service, instead of dispensing the services of the employee, he/she must be shifted to a suitable post.Referring to Section 20 [Non-discrimination in employment] of the Rights of Persons with Disabilities Act, 2016 Justice Abdul Moin held that “From perusal of the provisions of the Act, 2016 it...
Filing False Case Of Assault Against Senior Manager By Employee Amounts To Misconduct: Karnataka High Court
The Karnataka High Court has confirmed an order passed by the labour court dismissing an employee of a private company on the grounds of misconduct after it was proved that he lodged a false complaint of assault against the senior manager of the company.Justice Ananth Ramanath Hegde dismissed the petition filed by G Mahesh and said, “In the peculiar facts and circumstances of this case,...
Non-Use Of Mandatory Portal Can't Be Ground To Reject Appointment When Portal Was Non-Functional: Bombay HC
A Division bench of the Bombay High Court comprising Justice M. S. Karnik and Justice Sharmila U. Deshmukh held that rejection of a teacher's appointment approval was unsustainable because the mandatory 'Pavitra Portal' was non-functional at the time of recruitment, and the Education Officer failed to respond to the school's prior communications. Background Facts A vacancy...
'Double Jeopardy': Rajasthan High Court Quashes Second Chargesheet Against Retd Govt Employee On Same Facts Despite Closure Of Earlier Case
Rajasthan High Court set aside a charge sheet issued against a retired employee for same charges in relation to which disciplinary proceedings were already dropped against him in 1991, followed by his acquittal from the Court of Special Judge, Prevention of Corruption Act, 1988 (“the Act”) in 2000.The bench of Justice Anoop Kumar Dhand held that in absence of any specific power to...
Period Spent On Extraordinary Leave For Super-Specialty Course Can't Be Counted As Teaching Experience For Promotion: Calcutta HC
A Division bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the period spent on extraordinary leave for pursuing a super-specialty course does not count toward the mandatory teaching experience required for promotion. Background Facts The respondent was appointed as an Assistant Professor in the Department of...
Disciplinary Proceedings Post-Retirement Invalid; Pension Recovery Permissible Only If Charge Of Loss By Fraud Is Proved During Service: J&K HC
A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that disciplinary proceedings cannot be initiated against a government servant after retirement, and recovery from pension is permissible only when a specific charge of financial loss to the Government due to negligence or fraud is duly framed...
Past Misconduct Of Employee Can Be Considered In Article Of Charge For Determining Quantum Of Punishment : Calcutta HC
A Division bench of the Calcutta High Court comprising Justice Sujoy Paul and Justice Smita Das De held that past misconduct of an employee can be referred to in a charge-sheet to determine punishment without making the proceedings illegal. Background Facts The appellant was employed as a constable with the Central Industrial Security Force (CISF). He was posted at the...
Non-Payment Of Overtime Allowance Constitutes Continuing Wrong, Not Barred By Delay & Laches: Chhattisgarh HC
A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that non-payment of overtime allowance is a continuing wrong, and a fresh cause of action arises each time it is denied, therefore it overrides pleas of delay and laches. Background Facts The respondents were railway employees. They performed overtime duties...
Post-Graduation Diploma Not Equivalent To Post-Graduate Degree For Purpose Of Promotion: Himachal Pradesh High Court
The Himachal Pradesh High Court held that a postgraduate diploma cannot be treated as equivalent to a postgraduate degree for promotion to the post of Assistant Professor under the Himachal Pradesh Medical Education Service Rules, 1999. A Division Bench of Justice Vivek Singh Thakur & Justice Sushil Kukreja noted that: “There is no reference of Post Graduation Diploma in the...
Conditional Promotion Due To Financial Objections Serves State Interest : Chhattisgarh High Court
A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that a promotion can be validly granted subject to conditions, such as being contingent on the outcome of pending inquiries involving serious financial objections, to protect the state's interest. Background Facts The appellant/ writ petitioner was serving as an...
Vaccinators Are Not Nurses, Job Responsibilities & Nature Of Work Are Different: Rajasthan High Court Rejects Plea For Appointment
The Rajasthan High Court dismissed plea by candidates seeking appointment as Nurse Grade II who claimed such entitlement to the post based on their work experience as a Vaccinator, clarifying that the two posts are different having different job responsibilities and nature of work. The Court was hearing petition by the candidate seeking bonus marks for recruitment to the post of Nurse Grade...
Using MGNREGA Funds To Pay Skilled Employees Cannot Justify Denial Of Regularisation: HP High Court
The Himachal Pradesh High Court held that MGNREGA is designed only for unskilled manual work, and cannot be used to deny regularization to skilled roles like Computer Operators.The Court observed that the State wrongly used MGNREGA funds to pay for skilled services despite having sanctioned posts.Rejecting the State's contention, Justice Sandeep Sharma remarked that: “Unskilled manual...