Labour & Service
Promotional Benefits Can't Be Denied Post-Retirement If Juniors Were Promoted Earlier: Himachal Pradesh HC
A Division bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that an employee cannot be denied the benefit of promotion and consequential benefits merely on the ground of retirement, if his juniors were promoted and regularized during his service tenure. Background Facts The respondent was working with the H.P....
Selective Regularisation Of Similarly Situated Daily Wagers In Same Establishment Violates Equity : Supreme Court
The Supreme Court recently ruled against the selective regularization of similarly situated employees. It held that daily wage employees engaged in perennial work cannot be discriminated against by denying them regularization while extending the benefit to other similarly situated workers on vacant posts. The bench comprising Justices Vikram Nath and Sandeep Mehta heard the case where...
State Information Commissioner Entitled To Same Salary, Allowances & Post-Retiral Benefits As Chief Secretary : Gauhati HC
A Division bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the State Information Commissioner is entitled to the same salaries, allowances, and post-retiral benefits as the Chief Secretary of the State. Further that these benefits cannot be denied on the ground of not having 10 years of qualifying service, if the individual...
Retirement Age Of Cooperative Society Employees Can Be Increased Only Through Statutory Amendment, Not Departmental Proposals: J&K HC
A Division bench of the Jammu and Kashmir High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem held that retirement age of employees of Cooperative Societies remains 58 years as per SRO 233 of 1988, and it can only be altered through formal amendment of statutory rules, not by departmental recommendations, proposals, or draft amendments. Background Facts...
Unauthorized Absence In Uniformed Force Beyond 60 Days Constitutes Desertion & Justifies Dismissal From Service: Jammu &Kashmir High Court
A Division bench of the Jammu &Kashmir High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem held that a member of a disciplined force who fails to report for duty after expiry of leave and remains absent for a prolonged period without sufficient cause can be declared a “deserter,” and dismissal from service under Section 11(1) of the CRPF Act, 1949 read with Rule...
Joining Within Extended Period Entitles Employee To Seniority From Original Appointment Date: Delhi HC
A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that if an appointee joins service within the period extended by a competent authority or by court orders, such joining is deemed to be within the stipulated time in the offer of appointment, and seniority must be reckoned from the original appointment date without any depression in...
Assam Minorities Board Employees, Salary Paid Through Grants-In-Aid & Not from State Salary Head, Can't Be Treated As Government Servants: Gauhati HC
A Division bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Manish Choudhury held that employees of the Assam Minorities Development Board, whose salaries are paid from grants-in-aid and not from the regular State salary head, cannot be treated as government servants and are not entitled to pension under Rule 31 of the Assam Services...
State Can't Arbitrarily Classify Pensioners Of Homogenous Class Based On Cut-Off Dates For Granting Revised Pension Benefits : Gauhati HC
A Division bench of the Gauhati High Court comprising Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that the classification among pensioners based on the date of retirement, when all retirees form a homogenous class and the pay revision is made effective from a particular date, is arbitrary and unreasonable. Further financial constraints cannot justify such...
Acquittal In Criminal Case For Allegedly Submitting Forged Documents Doesn't Confer Eligibility For Service: Rajasthan High Court
The Rajasthan High Court upheld termination of the petitioner on allegations of submitting forged documents during appointment process, despite the petitioner being acquitted in a criminal case of forgery, fabrication and cheating instituted by the concerned department.Justice Anand Sharma said that just because the petitioner was acquitted, would not give rise to the presumption that...
Pendency Of Criminal Proceedings Without Conviction Can't Be Ground To Withhold Statutory Rights Like Pension & Gratuity : Jharkhand HC
A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that mere pendency of criminal proceedings without conviction cannot be a ground to withhold pension, gratuity, or leave encashment as they are statutory rights of the employee. Background Facts The respondent was appointed as a Lecturer in Hindi at...
Correction Of Date Of Birth In Service Records Can't Be Claimed As Matter Of Right At Fag End Of Service : Jharkhand HC
A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that correction of date of birth in service records cannot be claimed as a matter of right, even if supported by genuine documents like a Matriculation Certificate, particularly when such request is made after an inordinate delay (over two decades) and near the...
Engagement On Academic Arrangement Basis Is A Distinct Class, Not Eligible For Regularization Under J&K Civil Services Act: High Court
The Jammu & Kashmir High Court held that lecturers engaged on academic arrangement basis constitute a separate class distinct from those appointed on ad hoc, contractual or consolidated basis against clear vacancies, and are therefore not eligible for regularization under the J&K Civil Services (Special Provisions) Act, 2010.A Division Bench of Justice Sanjeev Kumar and Justice...