Labour & Service
Personnel Permitted To Live Outside Quarters Can't Be Denied CILQ/HRA Benefits: Armed Forces Tribunal
A Division bench of the Armed Forces Tribunal comprising Justice Anu Malhotra and Rear Admiral Dhiren Vig held that a personnel officially posted over and above the authorized strength of a unit cannot be denied CILQ/HRA benefits, as lawful posting carries with it the corresponding entitlements. Background Facts The applicant was enrolled in the Indian Army on 26.12.1995. He...
Labour And Service Digest 2025(Half Yearly January To June)
Allahabad High Court No Employee Should Be Retired With Pending Disciplinary Proceedings Unless Compelling Circumstances/Very Serious Charges: Allahabad High Court Case Title: Pramod Kumar v. State of U.P. and Others 2025 LiveLaw (AB) 4 [WRIT - A NO. 16300 OF 2024] Case citation : 2025 LiveLaw (AB) 4 While granting interest on delayed payment of post-retiral dues to...
Supreme Court Recognizes Andhra Pradesh FROs As 'State Forest Service', Declares Them Eligible For Indian Forest Service Promotion
In a relief to Andhra Pradesh-based Forest Range Officers (“FROs”), the Supreme Court on Friday (Aug. 23) ruled that their services shall be entitled to be treated as 'State Forest Service', making them eligible to promotion to Indian Forest Service (“IFoS”). The bench comprising Justices Dipankar Datta and AG Masih heard the case where the Appellant, being a FRO, was aggrieved by...
Labour & Service Monthly Digest: June 2025
Once Candidates Are Absorbed On Regular Posts, Irregularity In Initial Appointments Is Deemed To Have Been Cured: Allahabad High Court Case Title: Devendra Singh v. State Of Up And 4 Others Case No. : SPECIAL APPEAL No. - 167 of 2024 The Allahabad High Court has held that once the appellants-employees were absorbed against vacancies in regular posts, any irregularity which...
Reversion From Higher Post After 4 Years Of Service, Without Following Procedure Is Major Penalty : Uttarakhand HC
A Division bench of the Uttarakhand High Court comprising Chief Justice G. Narendar and Justice Alok Mahra held that reversion to a lower post constitutes a major penalty under the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003, and cannot be imposed without following the prescribed procedure as mandated by Rule 7. Background Facts The petitioner no.1...
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...