Labour & Service
Home Guards Rendering Long Non-Rotational Service Not 'Volunteers' Anymore, Disheartening To See Exploitation By State: Rajasthan HC
Rajasthan High Court ruled that the home guards who were on non-rotational duty ever since their deployment without any break could not be considered as “volunteers” since the extraordinary longevity of their service had transformed their role from voluntary to de facto employment with the State.The bench of Justice Arun Monga further opined that despite relying so heavily on their...
Temporary Teachers Can Challenge Termination Under Non-Govt Educational Institutions Act, Removal Without Reasons Is Wrong: Rajasthan HC
The Rajasthan High Court has held that appeal under Section 19 of the Rajasthan Non-Government Educational Institutions Act, 1989 is maintainable even in matters of termination of temporary employees since the mandate under Section 18 of the Act had to followed even in case of regular as well as temporary employees.Section 18 of the Act provides the procedure to remove, dismiss or reduce...
Expect State To Issue Online Circular Stating Superannuation Age Of Dental, MBBS Medical Officers To Be 62 Years: Rajasthan High Court
The Rajasthan High Court has said that it expects the State to issue a circular/notification on their website stating that the age of superannuation of Medical Officers holding BDS (Bachelor of Dental Surgeon)/MBBS degree was 62 years, with immediate effect.Justice Rekha Borana passed the order in a petition challenging the State's decision retiring the petitioner–a qualified BDS–at the...
Re-Employment Of Faculty Retiring Mid-Academic Year Is Mandatory, But Disciplinary Proceedings & 'No Work, No Pay' Deny It : Madras HC
A Division bench of the Madras High Court comprising of Justice G. Jayachandran and Justice R. Poornima held that the re-employment of faculty retiring mid-academic year is mandatory, but if there are pending disciplinary proceedings and further the 'no work, no pay' principle applies, then the re-employment is not allowed. Background Facts The appellant served in the...
Candidate Can't Challenge A Post As Illegal & Claim Entitlement To Appointment On Same Post : Himachal Pradesh HC
The Himachal Pradesh High Court bench comprising of Justice Satyen Vaidya held that a candidate cannot claim appointment to a supernumerary post, especially when such post itself is challenged by the candidate as illegal. Background Facts Petitioner applied for the post of Associate Professor in the department of Environmental Sciences. The respondent University had...
Daily Wage Employee Continuously Serving For Over 10 Years In Sanctioned Post Is Entitled To Regularization, Procedural Irregularities Can't Be Grounds For Denial: Karnataka HC
A Division bench of the Karnataka High Court comprising of Justice Krishna S Dixit and Justice Ramachandra D. Huddar held that a daily wage employee continuously serving for over ten years in a sanctioned post is entitled to regularization, and procedural irregularities or delay cannot be sole grounds for denial. Background Facts The petitioner was engaged as a daily wage...
Reservation Notified In Advertisement Cannot Be Cancelled By Subsequent Roster Change : Supreme Court
Reiterating that the 'rules of the game' cannot be changed midway, the Supreme Court recently allowed the plea of a woman whose selection to the post of f Deputy Superintendent of Police (DSP), being reserved for SC Sports (Women), was changed under a roster which came in to effect after releasing of the recruitment advertisement.The bench comprising Justices Sudhanshu Dhulia and K Vinod...
Losing Control Over Subordinates Is Not Misconduct: Allahabad High Court Grants Relief To Jail Superintendent
While setting aside order deducting 10% pension of the Jail Superintendent for 3 years on account of misconduct, the Allahabad High Court held that misconduct is different from carelessness, or inaction and therefore, no punishment could have been given under Regulation 351-A of Civil Service Regulation.It was held that under the said regulation, pension can be withheld due to grave misconduct...
Compassionate Appointments Not Intended As Windfall For Kin Of Deceased, Only Meant To Keep "Kitchen Fire Burning": Allahabad High Court
Recently, while dealing with a case of compassionate appointment, the Allahabad High Court observed that “compassionate ground appointments are not intended to create a windfall for the kin of the deceased. The employer is only required to assess the financial condition which keeps the kitchen fire burning.”This observation was made by Justice Ajay Bhanot in the context that...
28 Years On, Rajasthan High Court Asks Authority To Consider Compassionate Appointment Of Man Who Lost Father At Age Of Two
The Rajasthan High Court has asked the State Electricity Transmission Corporation to consider the plea for compassionate appointment of a man, who lost his serving father back in the year 1997. The man was only 2 years old at the time.Ordinarily, compassionate appointment is an "immediate relief" to the family of a deceased government servant, mitigating the financial distress caused by the...
EPS Pension | EPFO Cannot Deny Higher Pension On The Ground That Contributions Were Paid In Bulk: Kerala High Court
The Kerala High Court held that the Employee Provident Fund Organisation, after having received a contribution to the Employees Pension Scheme (EPS) based on the actual salary, cannot deny the employees a higher pension saying that the contributions were not made in the corresponding month.Justice Murali Purushothaman ordered so in a petition filed by employees who retired from Milma....
Onus Of Proof On Review Medical Board To Prove How Disability Isn't Attributable To Or Aggravated By Service: Delhi High Court
'The human body is made of skin, bone and sinew and it is not always that the body can keep pace with the spirit', said a Bench of the Delhi High Court comprising Justices C.Hari Shankar and Ajay Digpaul while refusing to interfere with the decision of the Armed Forces Tribunal. The Tribunal had held the respondent to be entitled to disability pension at 20%, rounded off to 50% for life...