Labour & Service
Retrospective Regularization Of Class-III Employees Counts For Pension Benefits In line with Precedents Applicable To Class-IV : Himachal Pradesh HC
The Himachal Pradesh High Court bench comprising Justice Jyotsna Rewal Dua held that a Class-III employee, whose services were regularized retrospectively, is entitled to pensionary benefits by counting the qualifying period from the date of retrospective regularization. Further the benefit of judgments granting pension to Class-IV employees can be extended to similarly placed...
Post-Wise Identification Within 1% Reservation For Visually Impaired Candidates (Low Vision & Blind) Is Valid For Safety Reasons : Delhi HC
A division bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Ajay Digpaul held that identification of posts suitable only for low vision within the 1% reservation for visually impaired is valid, as post-wise identification within reserved vacancies based on the nature of duties and safety requirements is permissible, and blind candidates cannot claim posts...
Long-Serving Employees Can't Be Denied Pension Just Because Their Posts Weren't Reflected On I-OSMS Portal: Calcutta HC
The Calcutta High Court bench comprising Justice Gaurang Kanth held that pension and retiral benefits cannot be withheld from long-serving municipal employees solely because their details were not uploaded against sanctioned posts in the i-OSMS portal due to digital system lapses. Background Facts The Petitioner, along with 147 other similarly situated employees, was appointed as...
Termination Order Questioning Employee's 'Integrity' Carries Stigma, Requires Enquiry: Rajasthan High Court
The Rajasthan High Court held that no order of termination on account of questionable integrity could be passed under Clause 8(iii) and (iv) of the Rajasthan State Road Transport Workers & Workshop Employees Standing Orders, 1965 (“the Orders”) without holding any enquiry.Clause 8(iii) of the Orders laid down that a probationer could be confirmed if he passes the prescribed test...
Allahabad High Court Orders Inquiry Against Officers Responsible For Flawed Compassionate Appointment
The Allahabad High Court recently denied relief to a petitioner dismissed from service on grounds that he obtained compassionate appointment without disclosing full facts, thereby vitiating the appointment with incurable defects. The Court also directed inquiry into the role of officials who were responsible for petitioner's appointment in the first instance.Holding petitioner's appointment...
Principle Of 'No Work, No Pay' Inapplicable When Termination Is Illegal: J&K High Court Grants Back Wages To Ex-Bus Conductor
The Jammu & Kashmir High Court has partially upheld a writ court's order directing reinstatement of a conductor wrongfully terminated by the State Road Transport Corporation (SRTC), holding that while the employee is entitled to reinstatement, full back wages cannot be awarded in the absence of pleadings regarding gainful employment.A Division Bench of Justice Sanjay Parihar and...
Guest Lecturer Making Press Statement In 'Public Interest' Not Misconduct: Karnataka High Court Sets Aside Termination Order
The Karnataka High Court set aside the of termination of a guest lecturer appointed to Department of Journalism and Mass Communication in Bengaluru North University Kolar, after he made a statement in the press on grants sanctioned to Kolar District claiming that these were not properly utilised by the officials.Justice H T Narendra Prasad allowed the petition filed by Dr Manjunath R and...
'Faced Many Hurdles In Life': Kerala High Court Orders Compassionate Appointment Despite Criminal Antecedents, Applies 'Nexus Test'
The Kerala High Court has set aside an order rejecting a man's appointment under the compassionate employment scheme due to his past involvement in criminal cases, holding that there exists no relevant connection between the alleged offence and the nature of the post in question.A Division Bench of Justice A. Muhamed Mustaque and Justice Johnson John was hearing a petition filed by Jijin...
Termination After 15 Yrs Of Service For Ineligibility Due To Having 3 Children Is Against Purpose Of Compassionate Appointment: Rajasthan HC
The Rajasthan High Court has granted relief to the petitioner who was terminated from service 15 years after being granted compassionate appointment, on the ground that he was ineligible for appointment for having 3 children. Considering that no concealment was made by the petitioner and the appointment happened after due diligence by State, the Court set aside termination.Underscoring...
State Cannot Transfer Police Officers Without Recommendation By Police Establishment Committee: Himachal Pradesh High Court
Reinforcing statutory safeguards for police transfers, the Himachal Pradesh High Court quashed the transfer of a Sub-Divisional Police Officer, holding that such transfers must be made on recommendations of the police establishment committee and the State Government can't bypass this mandatory procedure.The court said that transfers shall be in accordance with Sections 12 and 56 of the...
HP HC Dismisses Plea Challenging Rules Of Judicial Promotion Exam, Says Judicial Officers Should've Known Consequences Of Participating Without Protest
The Himachal Pradesh High Court has held that once Judicial officers had participated in a departmental exam for promotion, they were estopped from challenging the rules if they had accepted them when they chose to appear for the exam without any protest.Justice Vivek Singh Thakur & Justice Sandeep Sharma held: “Petitioners are estopped by their act and conduct from assailing the...
Diploma Holder Paid Excess Salary Of Degree Holder Due To Administrative Error, Calcutta HC Denies Recovery After 18 Years
The Calcutta High Court bench comprising Justice Smita Das De held that recovery of excess salary paid due to administrative error, without any fraud or misrepresentation by the employee is impermissible, especially after a long lapse of time. Background Facts An advertisement was published by the West Bengal Central School Service Commission on 01.11.1999. It was...