Contractual Women Employees Can't Be Denied Maternity Leave Merely Due To Nature Of Employment: Rajasthan High Court

The Rajasthan High Court has held that nature of employment, whether regular, casual or contractual, cannot by itself be treated as a conclusive ground for denying maternity benefits to a woman employee, where other applicable statutory conditions are fulfilled. In this regard, any contractual condition, contrary to the Maternity Benefits Act, 1961 (the “Act”) shall be overridden by the...

'Documentary Evidence Cannot Prove Itself Without Oral Testimony': Patna High Court

The Patna HC has quashed the dismissal of a Punjab National Bank employee who was terminated for alleged impersonation in a recruitment examination, holding that the principal evidence relied upon to establish the charge was never properly proved during the departmental inquiry.A Single Judge Bench of Justice Kumar Manish was hearing the employee's challenge to the dismissal order...

Flood Of Pleas By Employees Challenging Their Transfers Has Paralysed Govt Functioning: Rajasthan High Court

While hearing a bunch of petitions by government employees, challenging their transfer orders, Rajasthan High Court observed that the government functioning was paralysed since most of the employees were not willing to join the transferred place of posting. The bench of Justice Anoop Kumar Dhand further opined that maximum number of employees were approaching the Court for getting the...

Spouse Posting Policy No Absolute Right To Transfer; Can't Assume Family Duties Rest With One Spouse: Rajasthan High Court

While refusing interference in a bunch of petitions by government employees seeking transfers at places where their spouses were posted, Rajasthan High Court held that a general policy and vacancy at the preferred station, in isolation, does not establish an enforceable right to transfer in favour of the employee. “The nature of the post, the applicable cadre and service rules,...

Executive Notification Granting Age Relaxation Can't Override Separate Recruitment Rules Of MCD : Delhi High Court

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Bharat Parashar held that an executive notification granting age relaxation cannot override separate Recruitment Rules of an autonomous body like the MCD unless adopted by the rules or the recruitment advertisement. Background Facts The petitioner (applicant) was born on 27.04.1982 and belonged...

Indemnity Bond Taken At Retirement Won't Let State Recover Wrongly Fixed Pay, Undertaking Must Be At Time Of Pay Fixation: Allahabad High Court

The Allahabad High Court has held that an undertaking or indemnity bond taken from a government servant at the time of his retirement does not entitle the State to recover salary paid in excess due to wrong fixation of his pay scale. The undertaking which permits such recovery is the one furnished at the time of the pay fixation later said to be wrong.Referring to the decision of the Apex...

Private Aided Educational Institution Employees Can't Claim Monetary Benefits From State For Non-Grant Period: Karnataka High Court

A Division Bench of the Karnataka High Court comprising Justice D K Singh and Justice H. Shanthi Bhushan held that employees of private aided educational institutions cannot claim monetary benefits from the State for the non-grant period. Background Facts The respondent was serving as an Assistant Teacher at W/A Hemavathi High School, which is a private aided educational...

Universities Cannot Reject Associate Professor Aspirants Solely Over Lower Pay During Contractual Service: AP High Court

The Andhra Pradesh High Court has held that state universities cannot reject applications for Associate Professor posts solely because contractual teaching faculty were paid less than the gross emoluments prescribed for regularly appointed Assistant Professors under the University Grants Commission (UGC) Regulations, 2018. [2026 LiveLaw (AP) 253]In doing so, a Single Judge Bench of...

Constable Who Does Not Wish To Seek Promotion Can't Be Compelled To Undergo Promotional Course: P&H High Court

A Division Bench of the Punjab & Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Minderjeet Yadav held that a Constable who has given in writing that he/she does not wish to seek promotion cannot be compelled to undergo the mandatory Lower School Course, as promotion is a personal choice. Background Facts The respondents were Constables in the...

Fake Degree From Non-Existent Institute Can't Validate Appointment; Subsequent Qualification & Length Of Service Can't Cure Ineligibility: P&H High Court

A Division Bench of the Punjab And Haryana High Court comprising Justice Harsimran Singh Sethi and Justice Minderjeet Yadav held that an appointment obtained on the basis of a fake qualification from a non-existent institute is invalid and cannot be saved by long service, or subsequent acquisition of qualification. Background Facts The post of ETT Teacher was advertised by...

Employees Entitled To Regularization From Date They Fulfil Statutory Conditions, Not From Date Of Formal Regularization Order: J&K High Court

A Full Bench of the Jammu & Kashmir High Court comprising Chief Justice (Acting) Sanjeev Kumar, Justice Sanjay Dhar and Justice Mohd Yousuf Wani held that the right to regularization under Section 5 of the J&K Civil Services (Special Provisions) Act, 2010 accrues immediately upon fulfilment of the prescribed conditions. It does not depend on when the competent authority passes...

Request To Extend Voluntary Retirement Date Can't Be Ignored If Made Before Retirement Takes Effect: Rajasthan High Court

The Rajasthan High Court has held that a request to extend the date of voluntary retirement cannot be ignored if it is made before the retirement takes effect, even if the applicable service rules do not expressly provide for such an extension.The Division Bench of Chief Justice Sanjay K. Agrawal and Justice Inderjeet Singh observed that although the Rajasthan Civil Services (Pension)...