[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...

Married Daughter Being Sole Surviving Family Member Of Deceased Govt Employee Is Entitled To Compassionate Employment: Rajasthan HC

The Rajasthan High Court has dismissed a challenge against an order of the Central Administrative Tribunal that directed the State to grant compassionate appointment to the respondent, who was the married daughter of the deceased employee, whose husband was also employed and earning.The division bench of Justice Avneesh Jhingan and Justice Pramil Kumar Mathur affirmed CAT's reliance on the...

Disciplinary Orders Attain Finality Upon Communication, Can't Be Unilaterally Modified: AP HC

Andhra Pradesh High Court: A Single Judge Bench of Justice Harinath N set aside UCO Bank's unilateral revision of disciplinary punishment against a former Assistant Manager. The court held that the bank's act of enhancing punishment without issuing notice or seeking response from the affected employee was illegal and manifestly arbitrary. The court clarified that disciplinary...

Dismissal From Service Bars Pensionary Benefits Under Punjab Civil Services Rules: Punjab & Haryana HC

Punjab & Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal dismissed a petition that sought pensionary benefits for a dismissed Punjab Police officer. The court affirmed that dismissal from service revokes pension rights under Rule 2.5 of the Punjab Civil Services Rules. It held that pension is only available to those permitted to retire, and granting pension...