Married Woman Can Claim Compassionate Appointment After Father's Death, No Presumption Of Dependence On Husband: Chhattisgarh High Court

The Chhattisgarh High Court has held that a married daughter cannot be denied consideration for compassionate appointment merely on the presumption that she is dependent upon her husband and not upon her deceased father. The Court observed that dependency is a question of fact to be determined on the evidence in each case and that marital status, by itself, cannot furnish a valid basis to...

Degree From Unauthorized Institution Is Invalid But Not Fraud Unless Active Role Of Candidate Proved: Orissa High Court

The Orissa High Court has come to the rescue of a government employee who was demoted from his post allegedly for submitting fake/fictitious certificate to prove his qualification.Delineating the difference between a fictitious/fabricated degree and a degree conferred by an unauthorized institution, the Division Bench of Justice Dixit Krishna Shripad (now retired) and Justice Chittaranjan...

Municipal Corporation Employees Can Only Be Sent To Other Corporations On Deputation, Not By Transfer Order: High Court

The Chhattisgarh High Court has held that under Sections 58(5) and 58(6) of the Chhattisgarh Municipal Corporation Act, 1956, an employee of one Municipal Corporation can be sent to another Corporation only on deputation or while retaining lien, and not through a pure transfer order. The Court observed that where an order neither places the employee on deputation nor protects his lien in...

Absence Of Promotional Avenues Does Not Render Service Rules Unconstitutional; No Right To Promotion: Chhattisgarh High Court

The Chhattisgarh High Court has held that the mere absence of promotional avenues in a service cadre does not render statutory service rules unconstitutional, reiterating that no government servant possesses a fundamental or vested right to promotion. The Court observed that while an employee has a right to be considered for promotion where the applicable service rules provide a...

Woman Who Gave Birth To Twins In First Pregnancy Entitled To Maternity Leave For Second Delivery: Telangana High Court

The Telangana High Court has held that a woman government employee cannot be denied maternity leave for her second delivery merely because her first pregnancy resulted in the birth of twins. [2026 LiveLaw (Tel) 114]The Court ruled that the "less than two surviving children" condition under the Telangana Fundamental Rules cannot be interpreted literally to disentitle a woman from...

Executive Circular Can't Override Statutory Right Of Primary School Teachers To Salary: Allahabad High Court

The Allahabad High Court has held that Clause 10 of the Circular dated 03.05.1982 issued by the Director of Education (Basic), U.P., being only an executive instruction, cannot cut down the right to salary conferred by Section 10 of the U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 on teachers of the primary section of an institution running Classes I...

Employees Can't Be Left In Perpetual Stagnation Due To Lack Of Promotion Policy: Chhattisgarh High Court

The Chhattisgarh High Court has held that the absence of any promotional avenue resulting in perpetual stagnation of a cadre is arbitrary and violative of Articles 14 and 16 of the Constitution. The Court observed that the Chhattisgarh Health and Family Welfare Department Non-Clerical Paramedical and Nursing (Directorate Health Service) Class-III Recruitment Rules, 2013, do not provide...

Financial Upgradation Under MACPS Limited To Next Higher Grade Pay Upheld; Not A Basis To Claim Parity With Promotional Hierarchies: Delhi HC

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that financial upgradation under MACPS limited to next higher grade pay is valid; it is not a promotion and does not create enforceable parity with promotional hierarchies. [2026 LiveLaw (Del) 675] Background Facts The Assured Career Progression Scheme (ACPS) was introduced...

No Disciplinary Enquiry Needed To Dismiss Employee Who Obtained Reserved Category Appointment By Forged Caste Certificate: Allahabad High Court

The Allahabad High Court has held that where an appointment to a reserved category post is obtained by producing a forged and fabricated caste certificate, the appointment is void ab initio and the employer need not conduct a full departmental disciplinary enquiry before terminating it.It held that since the appointment was itself an illegal order, issuing a show-cause notice before dismissal...

Compassionate Appointee Can't Be Removed For Alleged Suppression Of Facts Already Known To Authorities: Allahabad High Court

The Allahabad High Court has held that a person appointed on compassionate grounds following his mother's death cannot be removed from service on allegations that he concealed his father's government employment, when the authorities were aware of that fact at the time of appointment and had granted him the job after verifying his documents.The Court held that petitioner's termination in...

Regularization Of Daily-Rated Employees Contingent On Sanctioned Vacant Posts Or Identical Duties :Delhi HC

A Single Judge Bench of the Delhi High Court comprising Justice Amit Mahajan held that a daily-rated employee cannot claim regularization unless he was appointed against a duly sanctioned vacant post through a competent authority and performs the same duties as the regular post. [2026 LiveLaw (Del) 673] Background Facts The petitioner joined the respondent establishment as a...

Govt Employee's Failure To Obtain Prior Permission For Higher Studies Is Misconduct, But Not Ground To Invalidate Degree: Gauhati High Court

The Gauhati High Court has held that while a government employee's failure to obtain prior permission to pursue higher studies amounts to misconduct under Rule 13 of the Assam Civil Service (Conduct) Rules, 1965, it cannot be a ground to invalidate a degree obtained from a recognised university.Justice N. Unni Krishnan Nair observed:“The violation of Rule 13 would amount to a misconduct...