Labour & Service
CCS Pension Rules | Contractual Service Must Count Towards Pension Once Employee Is Regularised : Supreme Court
The Supreme Court observed that a contract job period should be counted for pensionary benefits, once the government employee is regularized. A bench of Justices PS Narasimha and Joymalya Bagchi ruled in favour of government employees who were initially appointed on a contractual basis and later regularized, holding that they are entitled to pensionary benefits for their entire service...
Candidate's Eligibility Is To Be Assessed Till Final Selection Is Made, Not Just On Last Application Submission Date: Himachal Pradesh HC
The Himachal Pradesh High Court (“Court”) bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that when a candidate applies for any post, the eligibility is assessed till the final selection date and not just on the last date of submission of application.Background of the case: The Court had invited applications for the post of translator under Level II on 04.08.2022,...
Suspension Order & Charge Sheet Issued On Holiday Not Invalid, Govt Functions 24 Hrs A Day, 7 Days A Week: Rajasthan HC
While rejecting a petition challenging a suspension order and charge sheet issued to the Pradhan of a Panchayati Samiti, Rajasthan High Court held that charge-sheet and the suspension order could not be considered as void or invalid on the mere ground that the two were issued on a holiday.Justice Anoop Kumar Dhand in his order said that government servants were not barred from working on...
Entitlement To ACP/MACP Benefits Is Based On Completion Of Qualifying Service, Not On Additional Qualifications: Jharkhand HC
The Jharkhand High Court bench comprising Justice Ananda Sen held that under the ACP/MACP Schemes, financial upgradation must be granted on completion of regular service without insisting on additional qualifications. Further the subsequent government resolutions cannot retrospectively affect accrued service benefits. Background Facts The petitioner was appointed on 15.04.1980 in...
Central Govt Is Appropriate Authority For Industrial Disputes Involving Nationalized Companies Irrespective Of Contrary Notifications : Calcutta HC
The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that when an industry is nationalized and carried on under the authority of the Central Government pursuant to a statute like the Nationalization Act, the Central Government is the “appropriate government” under Section 2(a)(i) of the Industrial Disputes Act, 1947 for adjudication of industrial...
Compassionate Appointment, An Exception To Regular Recruitment, Can Be Denied If Dependents Received Sufficient Benefits : Delhi HC
The Delhi High Court bench comprising of Justice Prateek Jalan held that compassionate appointment, an exception to regular recruitment, is granted only to relieve financial hardship after a government servant's death in service. It can be denied if the family is financially stable or has received sufficient benefits under various schemes. Background Facts The petitioner's father...
Accepting Lower Post Under Compulsion Doesn't Bar Legitimate Claims Due To Procedural Lapses In Selection Process: J&K High Court
The Jammu and Kashmir High Court held the petitioner's acceptance of the Constable post as against claim made for Sub-inspector on compassionate grounds did not negate his original claim because it was made after a prolonged struggle and under duress.The petitioner whose father had died in counter-insurgency applied to be appointed as Sub-inspector under SRO 43 on compassionate grounds...
26 Yrs On, Rajasthan HC Laments Plight Of Meritorious Visually Impaired Man Denied State Service Cadre For Not Fitting State's Check-Boxes
After over 2 decades, Rajasthan High Court granted relief to a visually impaired candidate who, despite being meritorious in the Examination, was not appointed under Rajasthan Administrative Service (RAS) but under State Accounts Service. This was because the State had not considered him disabled enough for reservation under disabled category and he was also not considered medically fit under...
If Fresh Appointment Made After Termination, Previous Service Period Cannot Be Counted For Pension Calculations: Bombay HC
Bombay High Court: A division bench consisting of Justices Ravindra Ghuge and Ashwin Bhobe dismissed a writ petition that prayed for the counting of earlier service in pension calculations. The court held that any reappointment made after terminating the previous service cannot be linked to the earlier service period. The court explained that if previous service was terminated,...
Prolonged Suspension From Service Mirrors Penalty: Rajasthan HC Directs State To Ensure 'Reasonable Timeline' For Further Action, Lays Guidelines
The Rajasthan High Court ruled that even though suspension is though legally not a penalty but an interim measure, however when dragged for a prolonged period mirrors punishment or “disguised” punishment.In doing so the court issued a mandamus to the State of Rajasthan–through Secretary, Department of Personnel, to ensure that all "competent authorities vested with the power to...
Time-Barred Service Dispute Can't Be Revived By Making A Belated Representation: Supreme Court
The Supreme Court held that a time-barred service dispute cannot be brought within the limitation period as per the Administrative Tribunals Act by filing a belated representation.When a government servant is aggrieved by a denial of a benefit, which is not based on a formal order, then a representation must be filed within a reasonable time. The cause of action to approach the...
