Remained Silent Till 2016: Rajasthan HC Modifies Order On Payment Of Benefits To Lecturer From 1998 When She Got PhD, Says She Caused Delay

The Rajasthan High Court modified an order passed by the State Non-Government Educational Institutions Tribunal which directed a college to grant two annual increments to an Economic lecturer from the date when she completed her Ph.D in 1998, after noting that the latter had raised demand for benefits only in 2016. In doing so the court observed when the lecturer did not make any...

When Selection Is Based Entirely On Interview Marks, It's Reasonable To Presume Existence Of Arbitrariness & Favouritism: Supreme Court

The Court opined that it was desirable to have a selection process based on a written exam and rules.

Employee Cannot Be Paid Back Wages For Work Missed Due To Confinement In Jail, 'No Work No Pay' Applies: Allahabad High Court

The Allahabad High Court has denied relief to an employee who was confined in jail for almost 3 years holding that missed work due to confinement in jail does not entitle the employee to get back wages for the said period as the principle of 'no work no pay' applies.An FIR against the petitioner was lodged under Section 13(1)(b) read with Section 13(1) of the Prevention of Corruption Act,...

[U.P Govt Servant Seniority Rules] No Provision For Finding Authority To Redetermine Seniority After Final List Has Been Prepared: Allahabad High Court

The Allahabad High Court has recently held that under the U.P Government Servant Seniority Rules, 1991 once a seniority list is published, the authority publishing the same becomes functus officio and cannot reagitate the seniority list again and again.Justice Alok Mathur held “On perusal of the U.P Government Servant Seniority Rules, 1991, we find that there is no provision for review of...

Two Decades Of Continuous Services Doesn't Give Right Of Regularization Unless Formal Recruitment Process Is Followed: J&K High Court

The Jammu and Kashmir High Court held that serving in a department for more than 20 years without following the due process of recruitment does not give the right to said employee to seek the regularization of services.The court said that the engagement of the petitioner, who was engaged as a sweeper on a daily wage basis and its continuation thereafter, was without any due process of...

'Man In Uniform' Being Unauthorizedly Absent From Duty, Sending False Information About His Death Is Gross Misconduct: Rajasthan High Court

The Jaipur bench of the Rajasthan High Court upheld the dismissal of a CRPF Constable who wilfully remained absent from duty for 65 days beyond the sanctioned leave without any intimation to the authorities and when notice was issued to join back on duty he sent incorrect information of him passing away.Justice Anoop Kumar Dhand in his order said: "This Court is of the considered opinion that...

[Compassionate Appointment] Law Prevailing On Date Of Employee's Death Applicable Irrespective Of When Application For Appointment Was Submitted: Rajasthan HC

The Rajasthan High Court has granted relief of compassionate appointment, in a decade-old matter, to the petitioner, affirming that the policy governing such appointment had to be the one that was existing on the date of demise of the concerned person and not on the date of application filed for such appointment.The division bench of Justice Munnuri Laxman and Justice Pushpendra Singh Bhati...

Making Two Applications For One Recruitment Examination, Concealing One, Delhi High Court Dismisses Writ Petition

A Division Bench of the Delhi High Court comprising Justices C.Hari Shankar and Anup Kumar Mendiratta dismissed a Petition whereby the Petitioner sought quashing of a notice by which her candidature was rejected. The Bench held that since the Petitioner had filed two application forms and had also concealed her educational qualifications before the Tribunal as well as the Court, she...

'Arbitrary' : CAT Sets Aside Transfer Of IRS Officer Sameer Wankhede From Mumbai To Chennai

The Central Administrative Tribunal has set aside the transfer of Indian Revenue Service (IRS) officer Sameer Wankhede, who courted controversy over his role investigating the Aryan Khan drug case in 2021, from Mumbai to Chennai.The CAT Principal Bench found the transfer order issued by the Department of Revenue in May 2022 to be "arbitrary and violative of their own transfer policy." The...

No Liberalised Family Pension For Death During Casual Leave; Direct Causal Link With Official Duty Essential: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur held that death of a CRPF Sub-Inspector in a road accident during casual leave does not qualify for Liberalized Family Pension or Ex-Gratia Compensation. The court held that mere classification of leave as 'on duty' under service rules is not enough unless there exists a direct causal link between the...

Paying Only Subsistence Allowance To Employee Suspended Due To Criminal Case And Later Acquitted Without Dept Proceedings Amounts To Punishment: Rajasthan HC

The Rajasthan High Court held that when an employee was suspended during pendency of proceedings under the Prevention of Corruption Act (“PC Act”) in which he was acquitted, in absence of any departmental proceedings against him, restricting his pay during suspension period to only subsistence allowance amounted to punishing such employee which could not be allowed. Court said:“The...

Long-Term Casual Workers Performing Essential Duties Are Entitled To Regularization, Reduction In Workload Not Valid Ground To Deny It : Calcutta HC

The Calcutta High Court comprising of Justice Shampa Dutt (Paul) held that long-term casual workers performing essential duties are entitled to regularization, and a reduction in workload is not a valid ground to deny it. Background Facts The petitioner (Indian Oil Corporation Ltd.) supplied fuel against consideration to the aircrafts of various companies at the Aviation Fuel...