Disabled During Service, Employee Entitled To Continued Salary, Benefits & Supernumerary Post, Along With Interests : Punjab & Haryana High Court

The Punjab & Haryana High Court bench comprising of Justice Aman Chaudhary held that employees who acquire disability during service are entitled to continued salary, benefits, and a supernumerary post along with interest on withheld dues. Background Facts The petitioner joined as E.T.T. Teacher at Govt. Primary School Sodhi Nagar, Ferozepur on 11.09.2016. Her presence was...

'Employer Must Make Efforts To Expedite Departmental Proceedings Against Delinquent Employee', Rajasthan High Court

The Rajasthan High Court with its Bench at Jaipur comprising of Justice Anoop Kumar Dhand held that departmental proceedings against a delinquent employee must be concluded within a reasonable time frame and preferably within six months in order to avoid inconvenience, loss and prejudice to the rights of such employee. It was observed that in such cases, the duty to have...

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC

While setting aside a dismissal order of a retired government official, the Indore Bench of Madhya Pradesh High Court concluded that under the state civil service pension rules the Governor can only withhold or withdraw the officer's pension for grave misconduct/negligence but cannot impose punishment of dismissal. Referring to the provisions of the MP Civil Services (Pension) Rules, 1976A...

Denying Employment To Convict Let Off On Probation Defeats 'Rehabilitation & Re-Integration' Purpose Of Statute: Rajasthan HC

Rajasthan High Court allowed petition filed by a petitioner who was denied compassionate appointment on grounds on his previous conviction for causing hurt and wrongful restrain where he was released on probation, ruling that once he was let off on probation, he had to be given benefit of the very reason and the objective of the Probation of Offenders Act (“the Act”).The bench of Justice...

Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court

The Karnataka High Court has said that administrative exigency can be a reason for a Corporation to exercise its right of transfer of an employee from one place to another, but it cannot be done in violation of the statute or operative guidelines of service.A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by Shripati Mariyappa Doddalingannavar questioning...

Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers

While staying the transfer of over 1000 officials–where the elected Panchayat bodies were denied the opportunity to exercise their powers under law, the Jodhpur bench of the Rajasthan High Court said that it reflected the State officials' adamancy to not let go of their administrative superiority.Justice Arun Monga held that such an order reflected that the guidelines as well as the...

Provident Fund's “Reserve & Surplus” Amount Transferred To Statutory Fund, Employees Can't Claim It Separately From Provident Fund Dues : Calcutta HC

The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that once a provident fund trust is dissolved and its funds are transferred to the statutory Provident Fund, employees cannot claim a separate share from the “Reserve & Surplus” fund after receiving their full dues. Background Facts The petitioners were the employees of Hindustan...

Mere "Benefit Of Doubt" Acquittal Can't Be Used As Ruse To Deprive Employee Of Legitimate Financial Entitlements: Rajasthan HC

Rajasthan High Court granted relief to the petitioner (Junior Engineer) who was under suspension between 2002 to 2009 due to a criminal case in which he eventually got acquitted, and his service were also restored but was denied the payment of arrears on the ground that his acquittal was merely based on benefit of doubt.The bench of Justice Arun Monga termed this stance taken by the State...

Financial Misconduct In Government Service Warrants Dismissal; No Compassionate Allowance For Acts Of Moral Turpitude: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur upheld the dismissal of a Pay Clerk (Central Reserve Police Force) who was charged with financial misconduct and forgery. The court found that tampering with government records and misappropriation of funds constituted grave offenses that warranted his dismissal from service. The court also rejected the...

Employer Cannot Indefinitely Withhold Voluntary Retirement Without Valid Grounds: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur ruled that an employer cannot indefinitely withhold voluntary retirement under Rule 56(k) of the Fundamental Rules. The court held that pending vigilance clearance or mere potential inquiries are not valid grounds for withholding retirement. It further clarified that the employer must communicate any...

Employee's Death Attributable To Government Service Conditions; Entitled To Extraordinary Pension & Ex-Gratia Compensation : Delhi HC

A division judge bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur held that deceased employee entitled to extraordinary pension and ex-gratia compensation, if death was attributable to or aggravated by government service conditions, such as exposure to hostile work environments or extreme weather conditions. Background Facts The...

Ministry Policy Cannot Override Supreme Court Precedents On Defence Security Corps Pension Condonation: P&H High Court

Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepthi Sharma dismissed a writ petition that challenged an Armed Forces Tribunal's order. The Tribunal had condoned a shortfall of 343 days and granted service pension to a DSC serviceman. The Court held that Union of India v. Surender Singh Parmar (2015) permits condonation of service shortfalls up to...