Labour & Service
Teachers In Himachal Cannot Claim Parity Of Pay With Punjab Teachers Merely Because HP Follows Punjab Pay Commission: HP High Court
The Himachal Pradesh High Court dismissed a petition filed by the Himachal Pradesh Polytechnic Teachers Welfare Association and others, seeking parity in pay scales with their counterparts in Punjab, holding that the State of Himachal Pradesh is not bound to follow the pay pattern of the State of Punjab in its entirety, even though it follows the Punjab Pay Commission.The Court remarked that...
Employee Kept In Custody For Criminal Charges & Ultimately Acquitted Can't Be Denied Wages For Detention Period: Rajasthan HC
The Rajasthan High Court held that denying salary to an employee for the period when they were detained in custody on criminal charges–not relating to misconduct in discharge of official duties–and were subsequently acquitted, was inequitable. Justice Anand Sharma in his order said: "The broad and salutary principle is that where an employee is detained in custody on criminal charges...
Supreme Court Restores SBI Official's Removal For Taking Bribes To Sanction Loans; Reiterates Limited Interference In Writ Jurisdiction
The Supreme Court on Wednesday (Aug. 20) reiterated that writ courts can interfere with disciplinary inquiries only in cases of procedural irregularities or violation of natural justice. The bench of Justices Rajesh Bindal and Manmohan allowed the State Bank of India's appeal, restoring the disciplinary authority's decision to remove a bank employee accused of corruption. The Court set aside...
Dept Proceedings Against Retired Govt Employee Permissible To Determine Loss To Exchequer, Not To Impose Penalty: J&K&L High Court
The Jammu & Kashmir High Court clarified that the Government can continue departmental proceedings against a retired employee, but only for the limited purpose of assessing losses caused to the State exchequer due to negligence or fraudulent acts, and not for imposing penalties under service rules.A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem set aside the order of...
Prematurely Retiring An Employee During Pending Enquiry Without Due Process Amounts To Misconduct : Jharkhand HC
The Jharkhand High Court bench comprising Justice Deepak Roshan held that prematurely retiring an employee during pendency of departmental enquiry on disputed records, without following due process, amounts to misconduct by the officers as it prejudices the employer's interest. Background Facts In the year 1980, employee was appointed as Senior Overman in Central Coalfields...
Welfare State Must Be Impartial, Cannot Be "Touchy" When Employees Approach Court For Rightful Claim: HP High Court
The Himachal Pradesh High Court has extended the retirement age of a government college professor, and held that a welfare State is expected to act fairly and without bias, and can't penalise an employee merely because she approached the Court for enforcement of her lawful rights.Noting the conduct of college Justice Sandeep Sharma remarked that: “State being 'welfare State' is expected to...
Govts Must Not Extract Regular Work From Ad-hoc Workers; Must Create Sanctioned Posts For Recurring Jobs : Supreme Court
The Supreme Court on Tuesday (Aug. 19) set aside the Allahabad High Court's decision that had denied regularization of long-serving ad-hoc employees who performed perennial nature of work at the U.P. Higher Education Services Commission, solely on the ground that they were initially appointed as daily wagers and no sanctioned posts were available. The appellants'- five Class-IV employees and...
Punishment Involving Loss Of Service Benefits Can Be Imposed Only Upon Proof Of Misconduct: HP High Court
The Himachal Pradesh High Court has held that disciplinary punishment involving civil consequences, such as forfeiture of service benefits, must be based on clear proof of misconduct or dereliction of duty.Justice Satyen Vaidya remarked that: “The petitioner could be visited with civil and evil consequences of punishment only on proof of any misconduct or dereliction of duty on his part,...
CCS Rules | Once Employee's Study Leave Is Sanctioned, State Can't Reduce Salary Based On Subsequent Amendment: HP High Court
The Himachal Pradesh High Court has held that once an employee was given study leave for pursuing a three-year LLB Degree course, he became entitled to full leave salary in terms of the unamended Central Civil Services (Leave) Rules.The Court clarified that the subsequent amendment, which reduced the leave salary to 40% could not be applied retrospectively to a leave that had already...
Employee Cannot Seek Promotion Merely Based On Eligibility, When Dept Promotion Committee Was Not Convened Before His Retirement: HP High Court
The Himachal Pradesh High Court held that an employee cannot claim promotion merely on the ground that he was found eligible, where the Departmental Promotion Committee was convened only after his retirement.The Court further stated that there is no vested right to promotion after superannuation in the absence of any mala fide delay on the part of the competent authority.Rejecting the...
Mere Pendency Of FIR For Minor Offences Can't Be A Ground To Deny Compassionate Appointment: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the pendency of an FIR, particularly for petty offences, cannot be a valid reason to withhold compassionate appointment already approved by the competent authority.Justice Sandeep Sharma observed: “Till the time charge is not framed against the accused and he is not convicted by a competent Court of law, he is deemed to be innocent. If it is...
Disabled Persons Entitled To Posting At Same Place Even After Promotion Under Policy Framed Pursuant To International Obligations: Calcutta HC
The Calcutta High Court bench of Justices Sujoy Paul and Smita Das De has held that a policy mandating that disabled persons remain posted at the same place even after promotion is binding, especially when framed under international obligations. A disabled person cannot be denied the benefit of such a policy even if reversion is sought by him under compelling circumstances.The present...