Labour & Service
Court Must Identify Specific Retirement Benefit Before Ordering Attachment Under S.60 CPC; Gratuity, PF Can't Be Attached: AP High Court
The Andhra Pradesh High Court has held that where attachment of a retired employee's retirement benefits is sought in execution proceedings, the executing court must first identify the particular head of retirement benefits sought to be attached, as benefits such as gratuity and provident fund are exempt from attachment under Section 60 CPC. [2026 LiveLaw (AP) 144]Accordingly, the Court set...
Suppression Of Pending Criminal Cases In Attestation Form During Probation Justifies Termination From Service : Calcutta HC
A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Prasenjit Biswas held that suppression of material fact (criminal cases) in an attestation form, even if under a different name, justifies termination during probation. Background Facts The respondent participated in a recruitment process for enrolment of Constables to the...
Courts Can't Prescribe Or Expand Eligibility Qualifications For Recruitment: Rajasthan High Court Reiterates
The Rajasthan High Court has dismissed a batch of writ petitions filed by candidates seeking appointment to the posts of Assistant Professor (Vyakaran), Assistant Professor (Sahitya) and Assistant Professor (Samanya Sanskrit), holding that courts cannot expand the eligibility qualifications prescribed under the recruitment rules.Justice Ganesh Ram Meena observed that the State, as an employer,...
Empanelment Does Not Confer An Indefeasible Right To Appointment : Calcutta High Court
A Division Bench of the Calcutta High Court comprising Justice Shampa Sarkar and Justice Smita Das De held that empanelment does not confer an indefeasible right to appointment, and a candidate has no vested right to be engaged merely by being placed on a merit list. Background Facts The applicants applied for appointment to the post of Anganwadi Helper under Joynagar-II...
Passing Departmental Examinations & Service Confirmation Are Not Prerequisites For Grant Of ACP/MACP Benefits : Jharkhand HC
A Division Bench of the Jharkhand High Court comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar held that passing departmental examinations and service confirmation are not prerequisites for grant of ACP/MACP benefits, which are designed to provide monetary relief against stagnation. Background Facts The employee was appointed on the post of Junior Accounts Clerk by...
Introduction Of Written Test Midway Permissible If Recruitment Rules Don't Prescribe Procedure & Change Applies Uniformly: Gauhati HC
A Division Bench of the Gauhati High Court comprising Justice Nelson Sailo and Justice Pranjal Das held that a recruiting authority can introduce a written test mid-process in the absence of detailed rules, provided it is done before that stage is reached, is applied uniformly and is not arbitrary. Background Facts The State of Nagaland issued an advertisement inviting applications...
Andhra Pradesh High Court Upholds 1-Year Bar On Officer's Promotion After Censure, Says Punishment Without Consequence Would Normalize Wrongdoing
The Andhra Pradesh High Court has held that a government servant awarded minor penalty of censure can be denied promotion for one year under G.O.Ms.No.53, as the Government Order has the force of law and validly supplements the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. [2026 LiveLaw (AP) 140]In doing so, the Court refused to direct the immediate promotion...
Promotion To Equivalent Civil Post Doesn't Automatically Confer Substantive Military Rank: Delhi HC
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that the substantive military rank of Brigadier or Major General is not automatically conferred upon holding an equivalent civil post; it remains subject to satisfaction of Army promotion norms, including medical eligibility. [2026 LiveLaw (Del) 662] Background Facts...
Prescribing Minimum Viva Voce Cut-Off For Judicial Appointments Is Reasonable: Supreme Court
The Supreme Court recently dismissed a civil appeal by a judicial aspirant challenging a proviso to Rule 41 of the Rajasthan Judicial Service Rules, 2010, on the grounds that he had participated in the whole process without raising any issue. The proviso prescribed a minimum of 25% marks in the interview for the appointment of Additional District Judges from the advocates' quota before it...
Employer Can't Defeat Compassionate Appointment Claim By Delaying Processing: Supreme Court
The Supreme Court has held that an employer cannot keep an employee's application for voluntary retirement on medical grounds pending until the employee crosses the prescribed age limit and then use that delay to deny compassionate appointment to the employee's dependent. The Court ruled that such an interpretation would allow an employer to "control eligibility through delayed processing"...
Know The Law | When Can High Courts Grant Relief Under Article 226 Beyond Pleadings? Supreme Court Explains
The Supreme Court recently clarified that although High Courts are ordinarily expected to remain confined to the pleadings and reliefs sought by parties, the rule is flexible while exercising jurisdiction under Article 226 of the Constitution. In exceptional cases, where the record clearly establishes a legal entitlement and denying relief on technical grounds would perpetuate injustice,...