Temporary Employees Rendering Over 15 Years Of Continuous Service On Sanctioned Posts; Entitled To Pension Under Bihar Pension Rules : Jharkhand HC

The Jharkhand High Court bench comprising Justice Deepak Roshan held that temporary employees who have rendered over 15 years of continuous service on sanctioned posts with regular pay are entitled to pension under Rule 59 of the Bihar Pension Rules, 1950 (as adopted by State of Jharkhand). Background Facts The petitioners were appointed on various sanctioned posts under the...

Recording Adverse ACR Against Govt Employee During COVID Medical Leave Is Arbitrary: J&KL High Court Quashes Performance Report

The Jammu & Kashmir High Court quashed a “below average” Annual Confidential Report (ACR) recorded against a government employee for the year 2020, observing that the entry was made while the petitioner was on sanctioned medical leave due to COVID-19.A bench of Justice Wasim Sadiq Nargal, Justice Rajesh Sekhri held that such an adverse remark, made without any observable basis of...

State Can't Recover Overpaid Salaries After 5 Yrs, In Absence Of Misrepresentation From Workers: HP High Court Aids Class-III Workers

The Himachal Pradesh High Court dismissed 36 LPAs filed by the state, holding that the recovery of overpaid salaries after 5 years cannot be made from class-III workers, when there was no misrepresentation on the part of the workers.Upholding the finding of the Single bench, Justice G.S. Sandhawalia & Justice Ranjan Sharma held that: “since the petitioners are Class-III employees and...

Compassionate Appointment Applications Must Be Decided Within 90-Days: Karnataka High Court Issues Directions

The Karnataka High Court has directed authorities concerned to decide applications received for Compassionate Appointment within a maximum period of 90 days, from date of receipt of the application.A division bench of Justice Mohammad Nawaz And Justice K S Hemalekha said, “Compassionate appointment matters being a welfare measure designed to provide immediate financial relief to...

Employee's Plea For D.O.B. Correction At Fag End Of Service: Meghalaya HC Rejects Citing Inordinate Delay

The Meghalaya High Court bench comprising Justice H. S. Thangkhiew held that correction of date of birth in service records cannot be permitted at the fag end of service, even if supporting documents exist. Further as per Note to SR 8 of the Fundamental Rules & Supplementary Rules of Meghalaya, correction in date of birth is allowed only in rare cases of manifest error, and must be done...

CCS (Leave) Rules, 1972 | Maternity Leave For Third Child Can't Be Denied If First Two Children Were Born Before Joining Service: HP High Court

The Himachal Pradesh High Court has held that if two children of a government servant were born before joining government service and the third child is born after joining service, maternity leave under Rule 43(1) of the Central Civil Services (Leave) Rules, 1972 can't be denied.Justice Sandeep Sharma remarked that: “petitioner herein had given birth to two children prior to her induction...

Employer Has Duty To Reasonably Accommodate Employee Who Acquires Disability During Service : Supreme Court

The Supreme Court on Friday (Aug. 1) reiterated that an employee who acquires a disability during service must be protected by an employer by providing suitable alternate employment, unless no such post exists in their organization. Holding thus, the bench comprising Justices J.K. Maheshwari and Aravind Kumar granted relief to a bus driver employed with the Andhra Pradesh State Road...

Conviction For 'Petty Offence' Not Enough: Karnataka High Court Gives Relief To Peon Whose Appointment Offer Was Cancelled By Sessions Court

The Karnataka High Court has upheld a single judge's order which had set aside a communication issued by the Principal District and Sessions Judge, Kollar cancelling the offer of appointment to the post of 'Peon' in the Judicial Department of Kolar District.A division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi dismissed the appeal filed by the Chief Administrative Office, of...

Disciplinary Action | Punishment Order Not Invalid For Mere Non-Mention Of Specifics Of Show Cause Notice: Allahabad High Court

The Allahabad High Court has held that unless there is any clear illegality, punishment order cannot be held to be invalid merely because it does not include all specifics of the show cause notice.The bench of Justice Manju Rani Chauhan held,“This Court is of the opinion that a punishment order cannot be held invalid merely on the ground that it does not specifically mention the details of...

Mere Pendency Of Criminal Case Not Ground For Denying Compassionate Appointment: Allahabad High Court

The Allahabad High Court has held that mere pendency of criminal case cannot be a ground for denying compassionate appointment and the discretion with the employer to grant appointment must be exercised objectively. It further held that the character certificate given by the District Magistrate holds some weightage in considering a person's application for compassionate appointment.Noting...

Excluding Outside State Experience To Consider Retirement Age Extension Arbitrary : Supreme Court Grants Relief To Bengal Professor

The Supreme Court on Wednesday (July 30) granted relief to a Professor who was denied the benefit of an extended retirement age from 60 to 65 years due to the State of West Bengal's misinterpretation of its own policy, which unfairly excluded teaching experience acquired outside the State from the eligibility criteria. “To insist on past teaching experience of 10 years within the State...

Departmental Appeal Not Automatically Abated Upon Death Of Employee, Denial Of Post Terminal Benefits Has Consequences On Heirs: Allahabad HC

The Allahabad High Court has held that departmental appeal is not automatically abated upon death of the employee as the order in such proceedings has serious civil consequences and affects the post terminal benefits on the legal heirs of the deceased employee.Noting that the employer-employee relationship ends with the retirement/ death of the employee, Justice Ajit Kumar held,“In...