Contract Workers Must Prove Their Work Matches With Regular Employees In Quality & Sensitivity For Equal Pay : Allahabad High Court

The Allahabad High Court has held that workmen engaged on a contractual basis may claim equal pay for equal work if they show that they were actually performing the work of regularly appointed employees of the post, but the burden of proving parity in duties and responsibilities lies on them. It held that such workmen must establish through oral and documentary evidence that their work was...

Specific UGC Qualifications For Business Administration Faculty Override General Eligibility Criteria: Allahabad High Court

The Allahabad High Court has held that where the First Statutes of a university prescribe specific minimum qualifications for teachers of Management/Business Administration, those qualifications govern the selection, and the general criteria for the faculty under which the department is placed cannot be applied instead.The General Eligibility Criteria in Statute 11.03.01 of the First Statutes...

Ambiguity In Recruitment Criteria To Be Construed In Candidate's Favour: Supreme Court

The Supreme Court has held that ambiguity or vagueness in eligibility criteria prescribed in a recruitment advertisement should be construed in favour of a candidate who prima facie possesses the requisite qualifications. “…any ambiguity or vagueness in the prescribed qualification should be construed to the benefit of the candidate who prima facie appears to possess the...

State Must Be Made Party If Relief Is Sought Against Public Exchequer; Impleading Officer Or Dept Not Enough : Supreme Court

An officer or a department of the State cannot be equated with the State itself for the purposes of fastening sovereign or financial liability

Acceptance Of Lower Post In Compassionate Appointment Bars Subsequent Claim For Higher Post: Rajasthan High Court

The Rajasthan High Court has held that once a person accepts a lower post offered as compassionate appointment, s/he cannot subsequently claim appointment to a higher post.The bench of Justice Bipin Gupta was dealing with a case where the petitioner had accepted compassionate appointment to the post in 2013 on which he also worked for 2 years, before filing the present petition in 2015...

Vacancies Arising From Resignations Can't Be Filled From Waiting List, Require Fresh Selection: Rajasthan High Court

The Rajasthan High Court has held that vacancies in public employments that arise on account of non-joining or subsequent resignations are considered fresh vacancies that are required to be filled by a new recruitment process and not by operating the reserve or waiting list prepared pursuant to the concerned selection process. The division bench of Chief Justice Sanjay K. Agrawal and...

Departmental Proceedings After Retirement Barred For Misconduct Beyond 4-Year Limit Under Bihar Pension Rules: Patna High Court

The Patna HC has held that where a departmental proceeding is initiated after a government servant's retirement, Rule 43(b) of the Bihar Pension Rules bars initiation of proceedings in respect of an event which took place more than four years before such institution.A Single Judge Bench of Justice Kumar Manish was hearing a writ petition filed by Umesh Kr. Verma challenging the...

HP High Court Directs HPSEBL To Pay 50% Back Wages With Interest To Reinstated Workman Over Alleged Illegal Termination

The Himachal Pradesh High Court has directed the Himachal Pradesh State Electricity Board Limited (HPSEBL) to pay 50% back wages, along with up-to-date interest, to a workman whose termination was set aside and reinstatement ordered by the Labour Court. The Court held that once a workman pleads that he remained unemployed after termination, the burden shifts to the employer to establish that...

Rajasthan High Court Expunges 'Unsatisfactory Service' Remarks Against Legal Aid Counsel, Cites Impact On Young Lawyer's Career

Rajasthan High Court set aside an order of the District Legal Service Authority (DSLA) against a young Legal Aid Defence Counsel that terminated his services and passed stigmatic remarks about his services being negligent and unsatisfactory, to the extent of expunging the adverse remarks that were passed without any enquiry, while retaining the termination. The bench of Justice Anoop Kumar...

Patna High Court Directs Payment For Work Done Beyond Contract Period Despite No Extension Order, Notes Dept Was Benefited By Work

The Patna HC has held that an employee cannot be denied remuneration for work performed beyond the contractual period merely because there was no formal order extending the contract, where the Department had taken the work and benefited from it.A Single Judge Bench of Justice Dr. Anshuman was hearing a writ petition filed by the widow of a former Chief Aircraft Engineer of the Civil...

Past Ad Hoc Service Can Count For Pension, Not For Seniority Claim Over Direct Recruits: Supreme Court

The Supreme Court has held that the temporary or ad hoc appointees cannot claim parity in matters of the determination of seniority with the direct recruitment appointees. In essence, an ad hoc / temporary appointees seniority would be determined from the date of their confirmation in service, not from the date of their initial appointment. The bench comprising Justice SVN Bhatti and...

Non-Payment Of Subsistence Allowance Doesn't Vitiate Disciplinary Proceedings, Employee Must Show Prejudice: Allahabad High Court

The Allahabad High Court has held that non-payment of subsistence allowance to a suspended employee does not by itself invalidate the disciplinary proceedings taken against him. The employee must show a connection between the non-payment and the prejudice he claims to have suffered in defending himself.Justice Garima Prashad held,“The plea relating to non-payment of subsistence allowance...