Allahabad High Court Quashes GO To The Extent It Denied Gratuity To Teachers Continuing Beyond Superannuation

The Allahabad High Court recently quashed a Government Order to the extent it denied gratuity to teachers who opted to continue beyond their age of retirement, citing primacy of statute over executive fiat.Petition was filed challenging Clause 4(1) of G.O. dated 22.06.2018 as well as communication of rejection of claim for gratuity to the petitioner. By said G.O., gratuity was denied...

Service-Related Disability Entitles Armed Forces Personnel To Full Pension Benefits; Meeting Qualifying Period Not Mandatory: P&H HC

Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepti Sharma upheld an Armed Forces Tribunal's decision regarding the disability pension for an ex-serviceman. The court ruled that disabilities attributable to or aggravated by service entitles a serviceman to both the disability and service elements of the pension. It noted that this applies even if...

Seniority For Promotion Is Determined By Date Of Promotion To Feeder Category, Not From Date Of Initial Appointment: Andhra Pradesh HC

A single judge bench of the Andhra Pradesh High Court comprising of Justice Subba Reddy Satti held that seniority for promotion to the post of Sub Inspector is determined by the date of promotion to the feeder category (Head Constable/ASI), not from the date of initial appointment as a Police Constable. Background Facts of the case The petitioners were working as Head Constable...

Labour Court's Jurisdiction Under Section 33(C)(2) Limited to Executing Pre-existing Rights, Not Determining New Claims: Gujarat HC

Gujarat High Court: A Single Judge Bench of Justice M.K. Thakker upheld the Labour Court's rejection of a recovery application under Section 33(C)(2) of the Industrial Disputes Act, 1947. The court held that without a pre-existing right, claims for additional wages, bonus, and rent were not maintainable under this provision. It explained that Labour Courts cannot adjudicate new claims...

Experience Gained By Discharging Duties 'For A Long' Time Is Enough To Hold That Employee Is Qualified For Post: MP High Court Reiterates

The Jabalpur bench of the Madhya Pradesh High Court reiterated that experience gained by discharging duties for a long period of time is sufficient to hold that an employee has the requisite qualifications.In doing so, Justice Sanjay Dwivedi allowed a man's plea who was terminated from service as a Driver noting that apart from him not having the required educational qualification there were...

Rajasthan HC Slams State For Transferring 8-Month Pregnant Officer 320 Km Away From Current Posting, Orders Sensitization Of Authority

Terming the State's action in transferring an 8-month pregnant nursing officer 320 km away from her current posting as a display of "sheer apathy and callous disregard for basic human dignity", the Rajasthan High Court directed the Health Secretary to sensitize its officers empowered to pass transfer orders. It said this while emphasizing that "maternal health has been given statutory...

Company's Order Reversing Pay Hike Upsets Employee's Financial Planning: Karnataka High Court Sets Aside HAL Circular

The Karnataka High Court has set aside a circular issued by Hindustan Aeronautics Limited (HAL), whereby it sought to re-fix the pay of Officers, which came to be increased, in the year 2017.A single judge, Justice S Sunil Dutt Yadav allowed the petition filed by 'Hindustan Aeronautics Officers Guild' and set aside the Circular dated 24.07.2021, issued by the employer. It also clarified that...

Two Candidates Secure Same Marks, Age Determines Selection: Delhi High Court

A Division Bench of the Delhi High Court comprising of Justices Navin Chawla and Shalinder Kaur reiterated that in cases where two candidates secure the same marks, age should determine the selection of such candidates. The Bench allowed a Writ Petition wherein the Petitioner sought appointment based on having secured the same marks as that of another candidate who was appointed to...

Employee Has No Vested Right To Choose Place Of Posting & Designation: Orissa High Court

The Orissa High Court has recently reiterated that an employee has no vested right to choose his place of posting or designation and it is only the prerogative of the employer to decide the same keeping the public interest and larger exigency in view.While setting aside challenge of the petitioner to the decision of the Administrative Tribunal, the Division Bench of Justice Sangam Kumar Sahoo...

Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Hiranmay Bhattacharyya, J. held that the compassionate appointments cannot be granted to posts under Urban Local Bodies in the absence of a specific policy governing such appointments. Background Facts The employee was working in Arambagh Municipality. He died on 4th November, 2014 while in service. His divorced...

Govt Must Assign Reasons For Keeping Any Post Vacant: Tripura High Court Asks State To Consider Promoting Female Jailor

The Tripura High Court recently directed the State Jail Department to consider promotion of a Female Jailor to the post of Deputy Superintendent under Home Jail Department, Government of Tripura as she has been serving as Jailor for the last 12 years and has not been considered for promotion till date.The single judge bench of Justice Arindam Lodh observed: “True it is that, promotion is not...

Gujarat High Court Sets Aside Order Directing State To Appoint Woman With 70% Permanent Disability As Anganwadi Worker

After examining the duties and responsibilities of the Anganwadi worker provided in a government resolution, the Gujarat High Court recently set aside a single judge's order which had directed the state to appoint a woman with 70% permanent disability as an anganwadi worker.The court said this after noting that the role necessitates the physical capability to perform tasks which involves...