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...

Govt Employee's Transfer Is Not Vitiated Merely Due To Being Made Upon Recommendation By MLA: Karnataka High Court

The Karnataka High Court has said that the transfer of a government employee would not be vitiated for being made solely at the instance or recommendation of a Member of Legislative Assembly (MLA).A division bench of Justice S G Pandit and Justice K V Aravind said thus while dismissing the petition filed by S Venkateshappa, a Tashildar, challenging the order of the Karnataka...

Bihar Police Recruitment: 17 Yrs On, High Court Grants Relief To 252 Candidates Denied Post Despite Higher Merit

The Patna High Court directed the State to appoint 252 candidates as Sub-Inspectors in Bihar Police under a 2004 advertisment, holding that denying them appointment despite having higher marks than 133 already appointed candidates violates their fundamental rights under Articles 14 and 16 of the Constitution. Justice Arvind Singh Chandel delivered the judgment while allowing three writ...

Statutory Rules Cannot Be Overridden By Recommendations: J&K&L High Court Denies Plea By Co-operative Employees For Enhanced Retirement Age

The High Court of Jammu & Kashmir and Ladakh has ruled that the retirement age of employees of Cooperative Societies remains 58 years under SRO 233 of 1988, and cannot be enhanced to 60 years merely on the strength of draft proposals or departmental recommendations.Dismissing two appeals filed by Cooperative employees, a Division Bench of Justices Sindhu Sharma and Shahzad Azeem held...

'Removal From Service For Non-Disclosure Of Involvement In Trivial Offence Is A Harsh Punishment': Bombay High Court Sets Aside Termination

The Bombay High Court has held that non-disclosure of a past conviction for a trivial offence cannot, by itself, justify termination of a Class-IV employee appointed on compassionate grounds. The Court observed that authorities are required to consider the nature of the offence, the duties of the post, and the family circumstances of the employee before inflicting the extreme penalty of...

Karnataka High Court Upholds Dismissal Of BMTC Bus Driver For Securing Employment Based On Fake Educational Documents

The Karnataka High Court has upheld an order which dismissed a plea by an employee of Bangalore Metropolitan Transport Corporation (BMTC) accused of securing an appointment on the basis of a false certificate regarding his educational qualifications.In doing so, the high court rejected the bus driver's reliance on a BMTC circular protecting employees from dismissal on grounds of...

Govt Employee's Brother Eligible For Compassionate Appointment If Employee's Spouse Predeceases Him, Without Leaving Children: Karnataka HC

The Karnataka High Court has said that if the spouse of an employee has predeceased the employee and there are no children, the mere marriage of the deceased employee cannot be a ground to reject an application for compassionate appointment to the brother of the deceased.Justice Suraj Govindaraj held thus while allowing a petition filed by Mantava and Sanganna, mother and brother of...

HP High Court Orders Regularisation Of Class-IV Employee After 20 Years Of Service; Imposes ₹50K Cost On State For Repeated Denial Of Claim

The Himachal Pradesh High Court has ordered the regularisation of a Class-IV employee after 20 years of service. The court imposed a ₹50,000 cost on the state as it repeatedly denied the claim of the employee, despite repeated directions from the court.Justice Sandeep Sharma remarked that: “Since petitioner herein was repeatedly compelled by respondents to approach this Court for his...