Industrial Disputes Act | Govt Can't Amend Industrial Dispute Reference Without Fresh Demand: HP High Court

The Himachal Pradesh High Court has held that in the absence of any demand or dispute regarding termination the government does not have any authority to refer the issue to the Labour Court.The Court clarified that such termination could only be taken up through a fresh industrial dispute or a direct application under Section 2A of the Industrial Disputes Act.Justice Ajay Mohan Goel...

Superior Authority Not Bound To Record Or Communicate Detailed Reasons When Rejecting Representation Against Adverse Remarks: Delhi HC

A Division bench of the Delhi High Court comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav held that a superior authority rejecting a representation against adverse remarks is not legally obligated to record or communicate detailed reasons for its decision. Background Facts The employee joined the BSF as a Group A officer in November 2012. Before that he served in...

Challenge To Transfer Order Becomes Unsustainable Once Employee Joins The Transferred Post: Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad held that challenge to a transfer order is generally not maintainable after the employee has joined the transferred post. Background Facts The Lecturer (History) was serving at Government Girls Higher Secondary School, Abhanpur. He was declared surplus...

'Fraud Unravels All Solemn Transactions': Allahabad High Court Denies Relief To Compassionate Appointee Terminated After 27-Yrs Service

Holding that fraud vitiates everything else, the Allahabad High Court has denied any relief to the employee who had worked for 27 years as compassionate appointee, citing grounds of fraud committed by him in obtaining the appointment.Upholding the order declaring his appointment void ab initio with effect from the date of appointment, i.e., 31.03.1998, Justice Manju Rani Chauhan...

Denial Of Subsistence Allowance During Suspension Amounts To “Economic Excommunication”: Karnataka High Court

The Karnataka High Court has held that subsistence allowance is mandatory in any circumstance of suspension of an employee, and “he cannot be denied his statutory subsistence allowance.”Justice M. Nagaprasanna said this while allowing a petition by Basavaraj Pundalikappa and quashing the suspension order dated 22-07-2025. The petitioner joined as an attender in Bagalkote Municipal Council...

Junior Can't Draw Higher Pay Than Senior Under 2022 Civil Service Rules; Recovery Barred If Excess Due To Departmental Error: HP High Court

The Himachal Pradesh High Court has held that, as per the Himachal Pradesh Civil Services (Revised Pay) Rules, 2022, a government employee's pay can't exceed that of their immediate senior.However, the Court quashed the recovery of excess salary paid to the petitioner, as the excess payment made occurred due to a departmental error.Justice Jyotsna Rewal Dua remarked that: “Admittedly, a...

Compassionate Appointment, Acceptance Of Lower Post Under Financial Distress Doesn't Bar claim For Higher : J&K HC

A Division bench of the J&K HC comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the principle of estoppel does not apply when a compassionate appointment to a lower post is accepted under financial duress and immediately challenged by the applicant who possessed the requisite qualifications. Background Facts The applicant's father was working as an...

Monetary Compensation Must Be Granted From Date Of Application When Compassionate Appointment Is Denied: Jharkhand HC

A Division bench of the Jharkhand High Court comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar held that if compassionate appointment is denied then employer must grant the monetary compensation from date of application for the compassionate appointment. Background Facts The employee was a Piece Rated worker at Central Coalfields Limited (CCL) Dhori...

Supreme Court Grants Relief To Class IV Employees Of UP Judiciary Who Were Terminated 17 Years Ago

The Supreme Court recently quashed the termination of 4 Class IV employees of the Ambedkar Nagar District Judgeship in Uttar Pradesh, holding that their removal in 2008 for being appointed beyond the notified vacancies was unjustified. A bench of Chief Justice BR Gavai and Justice K Vinod Chandran directed that those who have not yet reached the age of superannuation be reinstated in existing...

Supreme Court Quashes 37-Year-Old Dismissal Of Railway TTE, Orders Grant Of Benefits To Legal Heirs

The Supreme Court on Monday (October 27) set aside the 37-year-old dismissal of a Railway Travelling Ticket Examiner (TTE), holding that the disciplinary findings were perverse and unsupported by evidence. The employee, who passed away during the prolonged litigation, will now have all consequential benefits released to his legal heirs. A bench of Justices Sanjay Karol and Prashant Kumar...

CCS Rules | Disciplinary Authority Need Not Hear Officer While Disagreeing With Enquiry Report Which Exonerated Him: Karnataka High Court

The Karnataka High Court has said that Rule 11A(2) of State Civil Services (Classification, Control and Appeal) Rules does not contemplate giving an opportunity to the delinquent officer before Disciplinary authority recording the point of disagreement on the findings made by the Enquiry Officer in respect of charge. A division bench of Justice D K Singh and Justice Rajesh Rai K said, “We...

Employees Can Only Be Reverted To Immediate Lower Post From Which They Were Promoted, Not To Lowest Post: Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising Justice Sanjay K. Agrawal and Justice Radhakishan Agrawal held that an employee can only be reverted to the immediate lower post from which they were promoted and reverting them to a post lower than that is unsustainable and bad in law. Background Facts The petitioner was initially appointed as a Technician Grade–III in...