Ex-Servicemen Reservation For Public Employment Is One-Time Benefit, Not Perpetual Device For Career Progression: Rajasthan High Court

The Rajasthan High Court has held that the policy rationale of reservation in appointment to ex-servicemen is to operate as a one-time benefit to facilitate re-employment, and not as a perpetual device for career progression.The bench of Justice Sameer Jain rejected the petition filed by an ex-servicemen, who was re-appointed as a Village Development Officer under the reserved category...

'COVID Health Assistant Work Not Equivalent To Pharmacist': Rajasthan High Court Rejects Plea For Bonus Marks In Recruitment

The Rajasthan High Court has held that role of a Pharmacist and a Covid Health Assistant who was engaged temporarily to perform auxiliary duties like distribution of medicines, are distinct and could not be treated as interchangeable.“A Pharmacist is a qualified Diploma Holder registered under the Pharmacy Act, 1948 entrusted with professional responsibilities of maintaining drug...

Interim Stay On Govt Order Doesn't Create Right Of Appointment Against Abolished Post: Madras High Court

A Division bench of the Madras High Court comprising Justice C.V.Karthikeya and Justice R.Vijayakumar held that an appointment cannot be made to a post abolished by a Government Order, and a stay order in a different matter does not confer any right to appointment or its approval. Background Facts The Education Department, Government of Tamil Nadu issued G.O.Ms.No.238,...

Railways Can't Cancel Duly Published Promotion Panel On Vague Administrative Grounds; Prior Notice To Selected Candidates Mandatory: Calcutta HC

A Division bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the cancellation of a duly published selection panel by the Railway Authorities, without providing due notice to the selected candidates, is unsustainable in law. Authorities are bound to comply with RBE No. 192 of 2019 and Rule 228 of IREM Vol. I, which mandate...

FIR Can't Be Quashed On Basis Of Compromise In Cases Involving Illegal Gratuity Demands For Pension Release : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that offences like demand for illegal gratification and misappropriation of funds amounting to moral turpitude are not private in nature but carry wider ramifications for society and cannot be quashed merely on the ground of a settlement. Background Facts...

Suspension Can't Be Extended On Ground Of Pending Disciplinary Proceedings Unless Charge-Sheet Is Issued: Delhi HC

A Division bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that suspension cannot be validly extended on the ground that disciplinary proceedings are pending unless a charge-sheet has actually been issued; extensions made on this erroneous ground are invalid, entitling the employee to reinstatement. Background Facts The...

Redesignation Of Post Doesn't Amount To Merger With Another Cadre Unless Recruitment Rules Are Amended : P&H HC

A Division bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that mere redesignation of a post does not amount to merger with another cadre; actual merger requires amendment of service rules, and parity of pay-scale or cadre benefits cannot be claimed without such amendment. Background Facts The petitioner was appointed...

Sealed Cover Procedure For Promotion Can Be Invoked Only After Charge-Sheet Or Suspension: Delhi HC

A Division bench of the Delhi High Court comprising Justice Navin Chawla and Justice Madhu Jain held that sealed cover procedure cannot be invoked merely on the basis of an FIR or investigation, it applies only after issuance of a charge-sheet, criminal prosecution, or suspension. Background Facts A Departmental Promotion Committee (DPC) was held on 18.03.2024 for...

Teaching Certificate Issued By School Principal Cannot Be Ignored Merely Because Appointment Was Without State's Permission: HP High Court

The Himachal Pradesh High Court has held that teaching experience certificates issued by Principals of Government Schools cannot be ignored merely on technical grounds, such as the appointment being made on Parent Teacher Association basis without government permission.Justice Sandeep Sharma noted that “Important factor was possession of teaching certificate, if any, of Government/...

Women's Induction Into Notified Army Corps Can't Be Numerically Restricted; Vacant Male Posts Must Be Open To Eligible Women : Delhi HC

A Division bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that women's induction into notified Army corps under Section 12 of the Army Act cannot be numerically restricted, as it violates gender neutrality and equality under Articles 14, 15 and 16. Background Facts An Examination Notice was issued by the Union Public...

State Can Interchange Reservation Among Disability Categories; Exclusion Of Visually Impaired From Commerce Faculty Posts Not Illegal : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held that under Section 34 of the Rights of Persons with Disabilities Act, 2016, the State can interchange reservations among disability categories, so excluding visually impaired candidates for Commerce faculty posts is not illegal. Background Facts An advertisement...

Condonation Of Up To 12 Months Shortfall In Qualifying Service Permissible For Grant Of Second Service Pension: P&H HC

A Division bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Vikas Suri held that shortfall of less than 12 months in qualifying service for second service pension is condonable, therefore entitling the respondent to second service pension. Background Facts The respondent was enrolled in the Indian Army on 21.09.1961. He was...