Labour & Service
Ad Hoc Promotion Made In Excess Of Quota, As Stop-Gap Arrangement, Doesn't Confer Any Right To Claim Seniority: Himachal Pradesh High Court
A Division Bench of the Himachal Pradesh High Court comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin C. Negi held that ad hoc promotion made in excess of prescribed quota and as a stop-gap arrangement does not confer any right to claim seniority from the date of such ad hoc service.Background Facts The appellant was an employee of the Himachal Pradesh State Electricity...
Employment Of Family Member On Low-Paid Post Can't Be Ground To Deny Compassionate Appointment: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that compassionate appointment cannot be denied solely because another family member is employed, without assessing the family's actual financial distress, especially when the policy's humanitarian object is to provide immediate relief.Background Facts The father of...
Revised Pay Rules | Doctors Consciously Engaged In Private Practice Can't Seek Non Practicing Allowance Attached To Surrender: Rajasthan HC
Rajasthan High Court set aside the order that directed the State to step up the pay of those Medical Officers who had not opted for Non-Practicing Allowance (NPA), to ensure their pay parity with their juniors who had opted for the NPA.For context, the law provides for payment of NPA (calculated at 20% of the Basic Pay) to those Medical Officers who choose to not undertake any private...
Acquittal On Merits Doesn't Automatically Confer Right To Full Back Wages: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that an employee dismissed due to criminal conviction is not entitled to back wages merely because he is acquitted, since the principle of “no work no pay” applies and acquittal does not automatically erase the consequences of the conviction.Background Facts...
Policy Protecting Near-Retirement Employees Doesn't Apply If Over 1 Year Of Service Remains: Chhattisgarh High Court
A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that Clause 1.6 of the Transfer Policy (protecting employees with less than one year of service from transfer) does not apply when the employee has more than one year of service remaining before retirement.Background Facts The appellant was working as a Forest...
Reservation Can't Justify “Complete Abandonment Of Merit”: Rajasthan HC Quashes Selection Of 1200+ Class-IV Candidates With Near-Zero Marks
The Rajasthan High Court has quashed the selection list to the extent of around 1200 candidates of Class IV government employees, mostly within the reserved category, who were selected despite having achieved zero or virtually zero marks in the written examination. State has been directed to undertake fresh exercise of preparation of merit list to this extent.The bench of Justice Anand...
Service Rendered On Higher Post In Different Spells Must Count For Increment Benefits: HP High Court
The Himachal Pradesh High Court held that a government employee who officiated on a higher post in different spells cannot be denied increment benefits under Fundamental Rule 26 merely because the service was not continuous. The Court observed that once the State had granted salary benefits for the period spent on the higher post, the same duration was also required to be counted for...
Case Pending For Offence Committed As Juvenile Doesn't Disqualify Person From Govt Job As Adult: Allahabad High Court
The Allahabad High Court has held that conviction as juvenile or a case pending for an offence committed as juvenile does not disqualify the delinquent from applying for job as an adult. It held that denying right to earn livelihood during pendency of criminal cases would have far reaching consequences for the person which cannot be compensated. Referring to Section 19 of the Juvenile...
Compassionate Appointment For Kin Of Permanently Disabled Employees Applicable Even If Accident Predated Rules: Rajasthan High Court
The Rajasthan High Court has held that date of accident has no relevance while considering application for compassionate appointment under Rajasthan Compassionate Appointment of Dependents of Permanent Total Disabled Government Servants Rules, 2023, if on the date of enforcement of the Rules, the condition of permanent total disability existed. The bench of Justice Anand Sharma observed that...
How India's Labour Laws Fail To Protect Workers Behind AI Content Moderation
India's moderators power global AI giants and pay for it with their mental health, which the law has yet to catch up.Every time an artificial intelligence (AI) system declines to generate violent content or correctly identifies a graphic image, it is doing so because a human being taught it to. That human is often a young woman in a small town in Jharkhand or Uttar Pradesh, working from a bedroom or a verandah, reviewing hundreds of disturbing videos and images a day for a contractor she will...
'Adverse Entry In Record Of Govt Employee Not Penalty, Does Not Require Issuing Showcause Notice': Uttarakhand High Court
The Uttarakhand High Court has held that an adverse entry or special adverse entry recorded against a government servant is not a penalty under the Government Servant (Discipline and Appeal) Rules and therefore does not require issuance of a show cause notice before being recorded. The Court observed that an adverse entry is based on an assessment of the work and conduct of a government...