Labour & Service
Himachal Pradesh High Court Quashes Deduction Of Retired Judge's Pension From His Salary As Tribunal Chairman
The Himachal Pradesh High Court has quashed an order of pension deduction from the salary of a retired judge who was appointed as a tribunal chairman.The court directed the State to pay arrears along with 9% interest to Justice (retd.) V.K. Sharma, former judge of the High Court, who was later appointed as Chairman of the Himachal Pradesh Administrative Tribunal.The Court held that the...
'Errors In Administrative Judgement Should Not Attract Severest Punishments': J&K&L HC Quashes Retrospective Dismissal Of Retired Employee
The Jammu & Kashmir High Court took strong exception to the retrospective dismissal of the officer, passed after his retirement and noted that the punishment imposed was not commensurate with the nature of the alleged lapses.The petitioner, a bank officer with nearly three decades of unblemished service, was dismissed from service following a departmental enquiry over sanctioning...
Rajasthan High Court Slams State For Denying Salary To Disabled Asst Engineer, Directs Extension Of Benefits To All PwD Govt Employees
Expressing displeasure at the State for its "insensitivity and apathy" in denying salary and service benefits to an 80% disabled employee, the Rajasthan High Court directed the State to issue necessary order to all departments to identify disabled employees and grant them benefit under Clause 20(4) of Rights of Persons with Disabilities Act.Clause 20(4) of the Act laid down that no...
Shortfall In Service, Excess Pension Paid Due To Factual Errors; Madras HC Upholds Recovery After Retirement
The Madras High Court bench comprising Justice A.D. Maria Clete held that excess pension paid due to a clerical or mechanical mistake in pay fixation to the factually ineligible employee can be recovered post-retirement. Further the protection against recovery laid down in Rafiq Masih case does not apply when eligibility itself is lacking. Background Facts The petitioner was...
Embezzlement Of Funds In Bank Is Serious, Termination Justified: Punjab & Haryana HC
The Punjab & Haryana High Court bench comprising Justice Harsimran Singh Sethi held that judicial review in disciplinary matters is limited to examining whether the findings are perverse, arbitrary, or based on no evidence, and courts cannot re-appreciate evidence or act as appellate authorities. Additionally, interference with the quantum of punishment is permissible only if it...
No Parity In Promotion Can Be Claimed Across Bifurcated Divisions Maintaining Separate Seniority Lists : Madras HC
The Madras High Court bench comprising Justice A.D. Maria Clete held that a stale claim for retrospective promotion cannot be revived by a delayed representation after retirement. Further, no parity in promotion can be claimed across divisions following bifurcation into separate administrative divisions with distinct seniority lists. Background Facts The petitioner was appointed as...
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...