Assam Minorities Board Employees, Salary Paid Through Grants-In-Aid & Not from State Salary Head, Can't Be Treated As Government Servants: Gauhati HC

A Division bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Manish Choudhury held that employees of the Assam Minorities Development Board, whose salaries are paid from grants-in-aid and not from the regular State salary head, cannot be treated as government servants and are not entitled to pension under Rule 31 of the Assam Services...

State Can't Arbitrarily Classify Pensioners Of Homogenous Class Based On Cut-Off Dates For Granting Revised Pension Benefits : Gauhati HC

A Division bench of the Gauhati High Court comprising Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the classification among pensioners based on the date of retirement, when all retirees form a homogenous class and the pay revision is made effective from a particular date, is arbitrary and unreasonable. Further financial constraints cannot justify such...

Acquittal In Criminal Case For Allegedly Submitting Forged Documents Doesn't Confer Eligibility For Service: Rajasthan High Court

The Rajasthan High Court upheld termination of the petitioner on allegations of submitting forged documents during appointment process, despite the petitioner being acquitted in a criminal case of forgery, fabrication and cheating instituted by the concerned department.Justice Anand Sharma said that just because the petitioner was acquitted, would not give rise to the presumption that...

Pendency Of Criminal Proceedings Without Conviction Can't Be Ground To Withhold Statutory Rights Like Pension & Gratuity : Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that mere pendency of criminal proceedings without conviction cannot be a ground to withhold pension, gratuity, or leave encashment as they are statutory rights of the employee. Background Facts The respondent was appointed as a Lecturer in Hindi at...

Correction Of Date Of Birth In Service Records Can't Be Claimed As Matter Of Right At Fag End Of Service : Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that correction of date of birth in service records cannot be claimed as a matter of right, even if supported by genuine documents like a Matriculation Certificate, particularly when such request is made after an inordinate delay (over two decades) and near the...

Engagement On Academic Arrangement Basis Is A Distinct Class, Not Eligible For Regularization Under J&K Civil Services Act: High Court

The Jammu & Kashmir High Court held that lecturers engaged on academic arrangement basis constitute a separate class distinct from those appointed on ad hoc, contractual or consolidated basis against clear vacancies, and are therefore not eligible for regularization under the J&K Civil Services (Special Provisions) Act, 2010.A Division Bench of Justice Sanjeev Kumar and Justice...

Disability Pension, PCDA(P) Can't Overrule Medical Board Findings: J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the Principal Controller of Defence Accounts (PCDA) (Pension) has no jurisdiction to alter or reduce the disability percentage assessed by a duly constituted Medical Board, only a higher/review medical board can reassess it, and the benefit of rounding off of...

Continuing Wrong By State Creating Continuous Injury : Calcutta HC Upholds Condonation Of Service Deficiency & Grants Pension

A Division bench of the Calcutta High Court comprising Reetobroto Kumar Mitra, J. and Tapabrata Chakraborty, J. held that in case of the continuing wrong creating a continuous source of injury due to delay on part of the State, the grant of pension upon condonation of deficiency in service is allowed. Background Facts The respondent's name was sponsored by the Employment Exchange...

Past Misconduct Can Add Weight To Dismissal, Even If Not Mentioned In Show Cause Notice : Supreme Court

The Supreme Court recently set aside the reinstatement of the ex-Punjab Armed Forces Constable for his repeated unauthorized absence from the service, stating that past records of indiscipline though not specifically referred to in the show cause notice, cannot save the delinquent officer from dismissal as the same can be used to adding the weight to the decision of imposing the...

Suspension Period Spent In Gainful Private Practice To Be Treated As Leave; Employee Not Entitled To Salary : J&K HC

A Division bench of the Jammu and Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that suspension period during which the employee gainfully engaged in private practice should be treated as leave, and employee is not eligible for salary during such period. Background Facts The respondent was serving as a B-Grade Specialist in Surgery at...

Disability Attributable To Military Service; Burden To Rebut Lies On Employer : Delhi HC

A Division bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that a member of the armed forces is presumed to be in sound health at the time of entry into service; therefore, if a disability such as Primary Hypertension arises during service and was not noted at entry, it is presumed to be attributable to or aggravated by...

Acquittal In Criminal Case Does Not Bar Departmental Action Under CRPF Rules On Different Charges : J&K HC

A Division bench of the J&K High Court comprising Chief Justice Arun Palli and Judge Rajnesh Oswal held that Rule 27(ccc) of the CRPF Rules, 1955 does not apply since the departmental inquiry was based on misuse of arms, distinct from the criminal charge of murder, and acquittal in a criminal case does not bar disciplinary action. It further clarified that appointment of a...