Can't File Miscellaneous Application To Seek Interest On Gratuity After Disposal Of Writ Petition: Allahabad HC

Allahabad High Court: A single judge bench of Justice Prakash Singh dismissed an application seeking interest on delayed gratuity, filed by a retired office assistant. The court held that once a writ petition is finally decided, a miscellaneous application seeking substantive reliefs like interest, is not maintainable. The court explained that gratuity and pension are statutory rights...

Departmental Proceedings After Compulsory Retirement, Since Not Under Rule 9, CCS (Pension) Rules, Can't Continue : Calcutta HC

Calcutta High Court: A division bench consisting of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra dismissed two cross appeals. Both appeals arose out of a single judge order that directed the release of retirement benefits to a former RPF officer. The court explained that proceedings initiated under Rule 153 of the Railway Protection Force (RPF) Rules, 1987, cannot continue...

BSF Constable Losing Left Eye In Militant Encounter; Delhi High Court Rejects Union's Opposition , Grants Lump Sum Compensation

Delhi High Court: A Division Bench consisting of Justices Navin Chawla and Shalinder Kaur allowed a writ petition filed by a retired BSF officer. The court directed the Union of India to provide lump sum compensation to the retired BSF officer, for a disability that he suffered in the line of duty. The Court held that he was entitled to compensation under Rule 9(3) of the Central...

CAPFs Entitled To All Benefits Of Organised Group-A Services, Gradually Reduce Deputation Of IPS Officers To CAPFs : Supreme Court

The Supreme Court held the Central Armed Police Forces (CAPFs) must be treated as part of Organised Group-A Services (OGAS) not only for the purpose of granting Non-Functional Financial Upgradation (NFFU) but also for all cadre-related matters, including cadre review.“Now that the Central Government has accepted that CAPFs are included in OGAS, the natural consequences should follow....

Rights Already Accrued Cannot Be Taken Away Through Subsequent Amendments Having No Retrospective Effect: MP HC

Madhya Pradesh High Court: A single judge bench of Justice Sanjay Dwivedi held that the Academic Grade Pay (AGP) benefits once granted, cannot be taken away by subsequent amendments that only have prospective effect. The court explained that the new AICTE (All India Council for Technical Education) Regulation, 2016, cannot be used to withdraw AGP benefits granted under the AICTE...

Education Department's 2013 Resolution Binding; Retrenchment Period Must Be Counted For Pension Calculation: Patna HC

Patna High Court: A single judge bench consisting of Justice Harish Kumar held that for a former Adult Education Project Employee who was later absorbed into the Integrated Child Development Services (ICDS), retrenchment periods must be counted for pension calculation. Relying on a 2013 Resolution of the Education Department, the court held that retrenchment period must be counted on...

Punishment Of Compulsory Retirement For Repeated Disobedience And Non-Adherence To Orders, Justifiable; Himachal Pradesh High Court

Himachal Pradesh High Court upheld the order of compulsory retirement of a professor at a government university, stating that repeated disobedience of orders from superiors can't be taken lightly, as it promotes indiscipline and disorder.Justice Satyen Vaidya: “The repeated insubordination by the non-adherence to the orders of superiors, cannot be brushed aside lightly for it will...

Shortfall In Pensionable Service Caused By State's Delay In Absorption Can't Defeat Pension Claim : Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the delay by the State in absorbing an employee cannot be used to deny pension benefits if such delay alone causes shortfall in qualifying service. Background Facts The petitioner was appointed in the Calcutta Homeopathic Medical College and Hospital on...

Policy Changes Before Appointment Can't Be Challenged As No Vested Right Exists Prior To Issuance Of Appointment Letter : Jharkhand HC

A Division bench of the Jharkhand High Court comprising of Justice Sujit Narayan Prasad and Justice Pradeep Kumar Srivastava held that a candidate cannot challenge a policy change made prior to the appointment as no vested or accrued right arises from an advertised pay scale unless an appointment letter is issued. Background Facts The Jharkhand Staff Selection Commission...

Teachers Absorbed Into State Service From Panchayats Are Entitled To Gratuity Under Payment Of Gratuity Act: MP HC

Madhya Pradesh High Court: A single judge bench of Justice Vivek Jain dismissed a writ petition filed by the state of Madhya pradesh. The petition challenged an order that granted gratuity to teachers, who were absorbed into State service. The court upheld that the teachers absorbed into state service from panchayats are entitled to gratuity under the Payment of Gratuity Act, 1972, and...

Once Worker Provides Testimony Under Oath, Burden Shifts On Employer To Disprove Claims: Delhi HC

Delhi High Court: A single judge bench of Justice Manoj Jain dismissed a petition that was filed by the Deen Dayal Upadhyay Hospital. The hospital was challenging a labour court award that awarded compensation to a sanitation worker. The court agreed with the Labour Court and ruled that the worker had been in continuous employment for over 240 days, and was improperly terminated....

State Can't Invoke Bond Condition In Earlier Appointment After Employee Is Issued Fresh Appointment Letter: Rajasthan High Court

The Rajasthan High Court ruled that once an employee was provided a fresh appointment letter, she could not be bound by the condition of bond prescribed in her earlier appointment letter or the rules governing such appointment.Justice Rekha Borana was hearing a writ petition filed against a direction from the State directing recovery of Rs. 5 lakhs from the petitioner on account of breach of...