Labour & Service
Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The bench of Justice Arun Monga opined that since there was...
S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Furthermore, the court noted that a mere break down of marriage could not be treated as if the husband was...
'Punishment Is Not Disproportionate When Officer Displays Negligent And Irresponsible Conduct', Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Petition challenging an order of punishment awarded to the Petitioner for being irresponsible while supervising an area he was assigned. The Court held that the punishment was not disproportionate as the Petitioner had been negligent in a similar incident in the past and had shown...
'Re-evaluation Is Not Permissible In Cases Where Authorities Have Ensured Clarity', Patna High Court
A Division Bench of the Patna High Court comprising Chief Justice K. Vinod Chandran and Justice Nani Tagia while setting aside a judgment of a Single Judge directing re-evaluation held that in cases related to re-evaluation, the court may permit such re-evaluation or scrutiny only if it is demonstrated very clearly, without any "inferential process of reasoning or by a process...
'Recovery Of Excess Amount From Retired Employee For Period More Than Five Years Before Order Of Recovery Is Impermissible', Patna High Court
A Division Bench of the Patna High Court comprising Justice Arvind Singh Chandel allowed a Petition challenging an Order of Recovery from a Retired Clerk who was paid an excess amount due to alleged wrong pay fixation. The Court reiterated that the recovery of excess amount paid by mistake is not permissible in cases where the recovery is made in case of employees belonging to...
Illegal Termination Entitles Employee To Full Back Wages Unless Employer Proves Alternative Employment During Suspension: Kerala HC
Kerala High Court: A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed an appeal by the Arpookara Service Co-operative Bank Ltd. The bench upheld an Arbitration Court's order to pay full back wages to a former employee. The court held that employers bear the burden of proving that the employee was gainfully employed during his suspension period. In the absence...
Procedural Safeguards Mandatory For Stigmatic Termination Even In Contractual Employment: Chhattisgarh HC
Chhattisgarh High Court: A Single Judge Bench of Justice Amitendra Kishore Prasad ruled that stigmatic termination of contractual employees requires adherence to procedural safeguards and natural justice principles. The court set aside the termination order of a Gram Rojgar Sahayak, and ruled that allegations of misconduct necessitate a proper inquiry and fair hearing even...
Once Selection Process Culminates Into Document Verification, It Shouldn't Be Cancelled Citing Technical Infirmity: Madhya Pradesh HC
The Indore Bench of Madhya Pradesh High Court has held that once any selection process for a job post is culminated into the process of document verification after selection of candidates, it should not be cancelled citing technical infirmities in the original advertisement.Justice Subodh Abhyankar observed, “…the Government vacancies are already hard to come by, and even if they...
Rajasthan HC Slams State For Denying Mason Post To Man With Amputation In Non-Dominant Hand, Appointing Man With Amputation In Dominant Hand Instead
Rajasthan High Court allowed the petition filed by a candidate denied mason post for being declared medically unfit on account of amputated little finger of his left hand (non-dominant hand), as opposed to another candidate who was given the employment despite having amputation of finger in his dominant hand.While terming the approach of the State to be “lopsided on the very...
Rajasthan HC Upholds Reversal Of Certain Teachers' Promotion To Maintain Seniority, Says Not Granting Them Hearing Caused No Prejudice
Rajasthan High Court has upheld the unilateral reversal of promotion granted to certain Grade-III Teachers, in order to maintain the list of seniority.In such a scenario, bench of Justice Dinesh Mehta said, the State's omission to give the teachers an opportunity of hearing did not cause any prejudice since admittedly, the persons who were granted promotion in Petitioners' place, were senior...
Transfer Of Govt Employee On Request Can't Be Termed Transfer In Public Interest Or Administrative Exigencies : Supreme Court
The Supreme Court has observed that the transfer of an employee is an incidence of service if it is in public interest. It added that the government is the best judge to decide how to utilise the services of an employee. Further, if an employee requests, the government may post that employee as per the request. However, such transfer will not be in public interest as the same is based on...