Date Of Appointment Letter, Not Date Of Joining, Decisive For Pay Fixation Benefits: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that an ex-serviceman's vested right to have his entire approved military service counted for the purpose of pay fixation cannot be defeated merely because he joined civil service after an amendment to the applicable rules came into force. The Court emphasised that the decisive factor is the date of issuance of the appointment letter and not the date...

HMA | Second Marriage During Subsistence Of First Marriage Doesn't Get Legitimized Upon Death Of First Wife: Orissa High Court

The Orissa High Court has held that solemnisation of second marriage, which is void ab initio, by a Hindu man during subsistence of his first marriage does not get legitimised/legalised upon the death of the first wife. While deciding the plea of the second wife of an ex-government employee for grant of family pension, the Division Bench of Justice Dixit Krishna Shripad and Justice...

Employee's Reinstatement On Court Order Doesn't Bar Disciplinary Enquiry For Past Misconduct: Rajasthan High Court

The Rajasthan High Court has held that reinstatement of a government employee after consideration of his/her representation based on a court order was not equivalent to condonation of the misconduct, and it did not take away the State's right to initiate disciplinary proceedings against the employee for the same period. The bench of Justice Anand Sharma clarified that unless a specific order...

Disobedience Of Lawful Order By CISF Personnel Constitutes Misconduct Regardless Of Prior Intimation Of Non‑Compliance : Calcutta HC

A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that disobedience of a lawful order by a member of a disciplined force like CISF constitutes misconduct regardless of prior intimation of non‑compliance. Background Facts The employee was a Constable with the Central Industrial Security Force (CISF). She was issued...

Compassionate Appointment Can't Be Rejected Merely On Ground Of Delay If Financial Distress Is Established & Delay Is Explained: Andhra Pradesh HC

A Division Bench of the Andhra Pradesh High Court comprising Justice Cheekati Manavendranath Roy and Justice Tuhin Kumar Gedela held that compassionate appointment cannot be denied solely on the ground of delay when the delay is due to lack of awareness of rules and the family's financial distress is established. Further it was directed that the authorities must make a balanced...

Termination Violating S.25F Industrial Disputes Act Doesn't Automatically Lead To Reinstatement: Rajasthan High Court

The Rajasthan High Court has partly upheld the order of a Labour Court which directed monetary compensation to the petitioner, instead of reinstatement, despite ruling his termination to be in violation of Section 25F of the Industrial Disputes Act, 1947 (“the Act”). The bench of Justice Anand Sharma observed that even though a violation of Section 25F rendered the retrenchment illegal,...

Rajasthan High Court Orders Reinstatement Of Constables Dismissed Without Regular Enquiry Over Accused's Escape From Custody

Rajasthan High Court directed reinstatement of three constables, dismissed from service without conduct of regular enquiry under State Civil Services (Classification, Control and Appeal) Rules, after two accused absconded from their custody charged with looting. The bench of Justice Anand Sharma opined that merely the nature of offence committed by the absconded accused could not be a...

Contract Employee Subjected To Disciplinary Rules Can't Be Terminated Without Departmental Enquiry: Gauhati HC

A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that if a contractual employee's appointment expressly incorporates statutory disciplinary rules, then the termination on grounds of misconduct is punitive and invalid without following the prescribed enquiry procedure under such rules. Background Facts The...

Will In Favour Of Any Person Doesn't Affect Compassionate Appointment Which Is Based On Dependence On Deceased: Allahabad High Court

The Allahabad High Court has held that there is no provision in the scheme of compassionate appointment under the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 which provides for determination of suitability based on will of the deceased. It held that compassionate appointment is granted based on dependence of the family member upon the deceased...

State Cannot Exploit Workers By Keeping Them In 'Perpetual Temporariness': Rajasthan High Court Orders Regularisation Of Part-Time Employee

The Rajasthan High Court directed regularization of the petitioner engaged by the State on a part-time basis, who continued uninterrupted services for several years and performed identical duties to that of regularly appointed employees, opining that not being appointed on a sanctioned post could not be a ground to deny benefit of regularization to the petitioner. The bench of Justice...

General Provident Fund | Succession Certificate Not Necessary For Nominee To Collect PF Amount Above ₹5,000 : Supreme Court

The Supreme Court recently held that even where the General Provident Fund balance exceeds ₹5,000, a valid nominee is entitled to receive the amount without being required to first produce a succession certificate, probate, or letters of administration, and that insisting on such documents would render the concept of nomination otiose.“Consequently, this Court is of the view that in cases...

Compassionate Appointment Barred Where Co-Dependent Is Already Employed: Chhattisgarh High Court

A Division Bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma held that the compassionate appointment is governed by the policy in force on the date of the employee's death and cannot be granted where a dependent is already employed.Background Facts The deceased employee worked as a Subordinate Engineer with South Eastern Coalfields...