Govt Servant Has No Vested Right To Seek Promotion As Per Old Rules Merely Because Vacancies Arose Earlier: Supreme Court

The proposition that vacancies must be filled up by promotion in accordance with the rules which existed on the date such vacancies arose was negatived.

'Government Servant Cannot Be Kept Under Suspension For Indefinite Period': Uttarakhand HC Quashes 5-Year Suspension

The Uttarakhand High Court has held that “a government servant cannot be kept under suspension for an indefinite period ”. The Court was dealing with a case where, subsequent to suspension, disciplinary proceedings against the petitioner included allegations of unauthorised absence and use of a forged Scheduled Tribe certificate to gain appointment.Observing that the petitioner had...

Missing Employee Can't Be Treated As 'Dead In Harness' After 7 Years To Claim Compassionate Appointment: Telangana High Court

The Telangana High Court has held that a missing employee cannot be treated as a case of “death in harness” merely because 7 years have passed raising presumption of death under Section 108 Indian Evidence Act, to claim benefit of compassionate appointment scheme if scheme contains a separate category for missing employees.Dismissing a writ appeal filed by the son of a missing...

State Cannot Deny Benefits Under Final Order Merely Because Employees Delayed Seeking Its Implementation : Supreme Court

The Supreme Court has held that the State cannot refuse to implement a judicial order that has attained finality merely because the beneficiaries approached the courts belatedly for its enforcement, stressing that the government, as a model employer, cannot take advantage of its own failure to comply with the law.A bench of Justice Ahsanuddin Amanullah and Justice Vipul M. Pancholi allowed...

Canara Bank Regulations | Joint Disciplinary Proceedings Not Necessary When Multiple Officers Involved In Same Case : Supreme Court

The Supreme Court has ruled that a separate disciplinary proceeding is permissible against a delinquent bank employee as per Regulation 10 of Canara Bank Officer Employees' (Discipline and Appeal) Regulations, 1976, despite multiple officers are involved in a delinquent act, as there's no mandate to hold a joint disciplinary proceeding where more than one officer is involved. A bench of...

'Labour Law Is Charter Of Human Rights At Workplace, Govt Cannot Play “Hide & Seek” With Employees': Patna HC Restores Back Wages

The Patna High Court has held that where a Labour Court award directing reinstatement with full back wages remains unchallenged, the executing order passed under Section 33C(2) of the Industrial Disputes Act for computation of such dues cannot be interfered with in a manner that nullifies the original award. A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was...

Candidate Cannot Be Faulted For Not Producing Eligibility Certificate Which Department Was Bound To Obtain: Rajasthan High Court

The Rajasthan High Court has held that where the onus to procure the Certificate of Eligibility regarding the nationality of a candidate rests upon the appointing government-department, no adverse action can be initiated against the candidate for not approaching the Ministry of Home Affairs for obtaining the same.The bench of Justice Nupur Bhati was hearing a quashing petition filed by...

Contractual Appointment Against Regular Post Advertisement Is 'Patently Illegal': Supreme Court

The Supreme Court on Wednesday (May 13) held that appointing a candidate on a contractual basis against an advertisement issued for regular vacancies is “patently illegal and unconstitutional” when no reasons are recorded for such differential treatment. A bench of Justice Pankaj Mithal and Justice S.V.N. Bhatti allowed an appeal filed by an Assistant Professor, who was granted a...

EPFO Can't Recover Provident Fund Settlement From Employee On Account Of Employer's Alleged Post-Surrender Violation: Telangana High Court

The Telangana High Court has held that if an establishment and its provident fund trust fail to transfer past accumulations to the Employee Provident Fund Organisarion after surrender of exemption, the statutory liability is on the employer and the trust and not automatically on the employee who received settlement of his own PF dues. Justice Nagesh Bheemapaka held that, in the absence of...

Supreme Court Orders Criminal Action Against Constable Who Joined Bihar & Jharkhand Police In Different Names

The continuance of such an employee is "wholly detrimental to the credibility of the police force", the Court held.

Suspension Period Treated As Extra-Ordinary Leave Cannot Count Towards Pensionable Service For Convicted Govt Servant: Sikkim High Court

The Sikkim High Court has held that a government servant convicted in a criminal case was not entitled to pension after failing to complete the mandatory 10 years of qualifying service under the Sikkim Services (Pension) Rules, 1990. The Court observed that since the petitioner's suspension period had been validly treated as extra-ordinary leave, it could not be reckoned for qualifying...

ASHA Workers Cannot Be Disqualified From Panchayat Posts Merely For Receiving Incentives: HP High Court Stays Govt Clarification

The Himachal Pradesh High Court stayed a State Government clarification that treated ASHA workers as part-time employees and consequently disqualified them from being elected as office bearers of Panchayats under Section 122(1)(g) of the Himachal Pradesh Panchayati Raj Act, 1994.A Division Bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma remarked that: “a prima facie case is...