Labour & Service
Orissa High Court Denies Claim For Regularization Of Previous Service Due To Extended Delay In Filing
The Orissa High Court bench comprising of Justice Sashikanta Mishra held that claim for regularization of service can be denied due to an extended delay in filing, coupled with the petitioner's subsequent employment in another institution. Background Facts The Petitioner was appointed against an Additional Trained Graduate post on 04.7.1991 in Akhua Odanga High School. She had...
Employee Can't Be Denied Pension Citing 'Break In Service' If Absence Was Regularized As Extraordinary Leave : Supreme Court
The Supreme Court held that pensionary benefits cannot be denied to a retired government employee whose unauthorized absence from duty was treated as extraordinary leave, leading to the regularization of their service. The Court said that if despite the employee's prolonged absence from the service, his service is regularized during the period of absence by treating his absence as...
Dependents Of Missing Employee, Entitled To Ex-Gratia Compensation After Seven Years Of Employee's Disappearance: Punjab & Haryana HC
The Punjab & Haryana High Court bench comprising of Justice Jagmohan Bansal held that dependents of a missing employee are entitled to ex-gratia compensation after seven years of the employee's disappearance. Background Facts The petitioner's father was working with Municipal Committee, Ambala as an Octroi Peon. He was about to retire on 31.10.1990. But he went missing...
Retrospective Pay Reduction Without Prior Notice And Recovery Of Excess Payments After 19 Years Is Not Permissible : Delhi High Court
A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Manoj Jain held that reducing employee's pay retrospectively without prior notice and recovering excess payments after the period of 19 years is not permissible. Background Facts The petitioner initially joined the Border Security Force (BSF) as a Constable on 10.11.1978. He joined the...
Rajasthan High Court Orders State To Release Retiral Benefits Of Employee Who Was Granted Premature Voluntary Retirement
The Rajasthan High Court has come to the rescue of a government employee who was denied retirement benefits after the State committed a mistake by accepting his voluntary retirement application, without his completing 15 years of prescribed qualifying service period. The bench of Justice Anoop Kumar Dhand relied upon the coordinate bench decision of Sudheer Kumar Khana v State of...
Entitlement To Selection Grade Is Based On Sanctioned Cadre Strength, Not Actual Number Of Occupied Posts: Punjab & Haryana HC
The Punjab & Haryana High Court bench comprising of Justice Deepak Gupta held that the entitlement to Selection Grade is based on the sanctioned cadre strength and not on the actual number of posts occupied. Background facts The plaintiffs were working in different branches in the Thermal Power House of Haryana State Electricity Board (H.S.E.B.). Their designation was...
Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT
A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul set aside the judgment of the Central Administrative Tribunal by which the order of cancellation of the Respondent was quashed. The Bench noted that the order of cancellation was set aside on the basis of the Respondent having disclosed the pendency of the criminal case against him...
'Courts Can't Interfere In Executive Function Of Pay Commission, Delhi High Court Dismisses Petition Claiming Pay Parity
A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul held that the Petitioner who was an Advisor (Nutrition) could not be granted the same salary as that of the Advisor (Ayurveda) and Advisor (Homeopathy). The Bench held that since the posts were different, it could not be expected that the nature of duties performed by the employees could be the...
Against Wrongful Dismissal, Lumpsum Compensation Could Be Better Remedy Than Reinstatement With Backwages In Certain Cases : Supreme Court
The Supreme Court observed that a grant of lumpsum compensation could be the more appropriate remedy in cases of wrongful dismissal of an employee instead of reinstatement with back wages in certain cases. While directing such compensation, the courts are required to justify their approach, keeping in mind the interests of the employee and the employer. Placing reliance on several...
Availing Employee's Services Without Pay Violates Fundamental Right Against 'Begar': Rajasthan HC Slams State Over Unpaid Dues Since 2016
Rajasthan High Court has ruled that depriving any employee of their salary without any justification amounted to violation under Articles 21, 23 and 300-A of the Constitution of India. The bench of Justice Anoop Kumar Dhand was hearing a petition filed by a public employee who was not paid his salary since 2016, for almost 97 months now without any justification, despite providing...
Officer's Inablity To Stop Assailant Despite Being Armed Showed Incapability To Continue As Member Of CRPF: J&K HC Upholds Dismissal Order
The J&K High Court has ruled that an army personnel's negligence in discharging their duties justifies the dismissal from the services, even if they are in the initial years of their service. It also held that the High Court cannot interfere with conclusions arrived at by the inquiry officer under departmental proceedings unless the same is found to be fanciful and perverse.The court...
Corporation Is An Independent Entity, Internal Service Rules Will Prevail Over Govt Office Memoranda: J&K High Court
The Jammu and Kashmir High Court dismissed the writ Petition holding that Government office Memoranda will not prevail over the internal service rules relating to promotion unless these rules are specifically challenged before the court. It was held that an employee facing criminal charges would be barred from being considered for promotion until completely exonerated as per the said...