Labour & Service
Missed Physical Test Due To Illness, Pregnancy, Heavy Rains: Rajasthan High Court Grants One-Time Retest On ₹10,000 Cost
The Rajasthan High Court has granted a one-time opportunity to candidates who missed the Physical Efficiency Test (PET) for recruitment to the posts of Sub-Inspector/Platoon Commander due to circumstances such as illness, physical injuries, pregnancy and heavy rains.The bench of Justice Sameer Jain has directed the authorities to conduct a rescheduled test in September 2026. Candidates...
Employee Retiring Before Next Increment Date Not Entitled To Notional Increment Without Full Qualifying Service: Meghalaya HC
A Division Bench of the Meghalaya High Court comprising Justice Revati Mohite Dere and Chief Justice W. Diengdoh held that an employee is entitled to an annual increment only after completing 12 months of qualifying service, and no increment is admissible if the date of next increment falls after the date of retirement. Background Facts The respondent was appointed as Store Clerk...
Failure To Follow Binding Precedents Gives Rise To Substantial Question Of Law In ESI Act Appeals: Kerala High Court
The Kerala High Court recently held that a failure to follow binding precedents by the Employees' Insurance courts would give rise to a substantial question of law in ESI appeals. [2026 LiveLaw (Ker) 455]The Bench of Justice S. Manu held:“the EI Court has not analysed the dispute in tune with the law laid down in the judgment referred above and hence the impugned judgment cannot be...
Surplus Employee Entitled To Absorption Against Equivalent Or Lower Post, Not Higher Post : Supreme Court
The Supreme Court has held that a surplus employee cannot claim absorption against a post higher than the one he was holding when declared surplus merely because the two posts carry the same pay scale or the higher post was vacant. A bench of Justice Ahsanuddin Amanullah and Justice R Mahadevan set aside the Bombay High Court's judgment which had directed the absorption of the Respondent...
RPF Rules | Employee Who Suppressed Criminal Case Can Be Discharged At Any Point Of Time : Supreme Court
The Supreme Court has upheld the discharge of a group of Railway Protection Force (RPF) and Railway Protection Special Force (RPSF) constables who failed to disclose pending criminal cases during the recruitment process.The Court reiterated that the deliberate suppression of material information regarding criminal antecedents clearly bears on the character of the employee and...
Authorities Cannot Deny Salary Citing Absence Of Their Nominee From Selection Committee: Allahabad High Court
The Allahabad High Court has held that the failure of the District Basic Education Officer to send his nominee to a selection committee under the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984 does not vitiate the selection held in his absence. It held that salary cannot be withheld from...
Non-Teaching Staff Of Private Educational Institute Can't Seek Pay Parity With Govt Staff Through Through Writ Despite Statutory Provision: Karnataka High Court
Concerning the maintainability of writ petitions against private educational institutions, the Karnataka High Court has held that private, unaided institutions are not 'State' under Article 12 of the Constitution, and disputes regarding the payment of salary by such institutions are purely contractual matters lacking a 'public law element'. [2026 LiveLaw (Kar) 305]The single judge bench...
'Honorarium' Cannot Be Used To Deny Dignified Wages: Bombay High Court Directs Minimum Wages For Community Health Volunteers
The Bombay High Court has held that Community Health Volunteers (CHVs) engaged by the Municipal Corporation of Greater Mumbai are entitled to receive minimum wages under the Minimum Wages Act, 1948, for the hours of duty performed by them. The Court further held that mere branding of the remuneration paid to CHVs as honorarium, or describing them as volunteers, cannot deny them the status...
Delay In Processing Compassionate Appointment Application Cannot Defeat Claim Of Otherwise Eligible Dependent : Supreme Court
The Supreme Court has reiterated that a benefit of compassionate appointment cannot be denied to a beneficiary merely on account of delay or inaction by the employer in processing an application. A bench of Justice Aravind Kumar and Justice Vipul M Pancholi heard the case where a son's application seeking a benefit of a compassionate appointment was rejected by the employer, Western...
Typing Speed Is Minimum Eligibility Condition For Promotion As Junior Assistant, Can Be Tested Before Written Exam: Allahabad High Court
The Allahabad High Court has held that testing minimum eligibility condition for promotion prior to promotion to the post of Junior Assistant before written test is conducted is valid. It held that after the enforcement of the U.P. Government Departmental Ministerial Cadre Service Rules, 2014, a minimum typing speed is an eligibility condition for promotion to the post of Junior Assistant,...
Teacher Appointed Without Sanctioned Post, Qualification Can Claim Salary Only From Management Committee That Appointed Him: Allahabad High Court
The Allahabad High Court has held that a teacher appointed by a Committee of Management without prior approval of the post and without the qualification prescribed for it can only claim his salary from the Committee of Management which appointed him.Petitioner was appointed by the Committee of Management on 23rd November 1999, when he held the degree of 'Shiksha Alankar'. Unpaid, he moved...