Termination After 15 Yrs Of Service For Ineligibility Due To Having 3 Children Is Against Purpose Of Compassionate Appointment: Rajasthan HC

The Rajasthan High Court has granted relief to the petitioner who was terminated from service 15 years after being granted compassionate appointment, on the ground that he was ineligible for appointment for having 3 children. Considering that no concealment was made by the petitioner and the appointment happened after due diligence by State, the Court set aside termination.Underscoring...

State Cannot Transfer Police Officers Without Recommendation By Police Establishment Committee: Himachal Pradesh High Court

Reinforcing statutory safeguards for police transfers, the Himachal Pradesh High Court quashed the transfer of a Sub-Divisional Police Officer, holding that such transfers must be made on recommendations of the police establishment committee and the State Government can't bypass this mandatory procedure.The court said that transfers shall be in accordance with Sections 12 and 56 of the...

HP HC Dismisses Plea Challenging Rules Of Judicial Promotion Exam, Says Judicial Officers Should've Known Consequences Of Participating Without Protest

The Himachal Pradesh High Court has held that once Judicial officers had participated in a departmental exam for promotion, they were estopped from challenging the rules if they had accepted them when they chose to appear for the exam without any protest.Justice Vivek Singh Thakur & Justice Sandeep Sharma held: “Petitioners are estopped by their act and conduct from assailing the...

Diploma Holder Paid Excess Salary Of Degree Holder Due To Administrative Error, Calcutta HC Denies Recovery After 18 Years

The Calcutta High Court bench comprising Justice Smita Das De held that recovery of excess salary paid due to administrative error, without any fraud or misrepresentation by the employee is impermissible, especially after a long lapse of time. Background Facts An advertisement was published by the West Bengal Central School Service Commission on 01.11.1999. It was...

In-Charge Headmaster Should Be Appointed Based On Seniority-Cum-Efficiency : Gauhati HC

The Gauhati High Court bench comprising Justice Robin Phukan held that in case of two candidates joining service on the same date, seniority must be determined based on age, with the elder candidate being treated as senior. Additionally, appointment to the post of Headmaster must be made on the basis of seniority-cum-efficiency. Background Facts The petitioner was appointed...

Rule 3, Kerala Service Rules; Cannot Withhold Pension Without Any Pending Disciplinary Or Judicial Proceedings: Kerala HC

Kerala High Court: A division bench consisting of Justices A. Muhamed Mustaque and Johnson John held that withholding pension without any pending disciplinary or judicial proceedings was illegal. The court held that such actions violate Article 14. The court exercised its jurisdiction under Article 226 despite the petition being filed under Article 227. The court noted that...

Arbitrary Disciplinary Proceedings By SBI, Termination Held Invalid, Orissa HC Awards Compensation

A Division bench of the Orissa High Court comprising Chief Justice Harish Tandon & Justice K.R. Mohapatra held that disciplinary action notwithstanding scrutiny on fairness and procedural compliance is arbitrary, and in cases of superannuation of Workman, monetary compensation may be awarded in lieu of reinstatement. Background Facts The workman was appointed as a Messenger...

Illegal Termination Violating Natural Justice Mandates Reinstatement, Not Mere Compensation: Calcutta HC

Calcutta High Court: A single judge bench consisting of Justice Raja Basu Chowdhury set aside a labour court's order that denied reinstatement to a bus driver, despite finding his termination to be illegal. The court held that when termination violates principles of natural justice, reinstatement should be awarded instead of mere compensation. Background C Chitambaram worked as...

Section 25F, Industrial Disputes Act; Actual Acceptance Of Compensation Not Required For Compliance: MP HC

Madhya Pradesh High Court: A single judge bench of justice Maninder Bhatti dismissed two writ petitions filed by daily wage workers (gardeners) challenging their termination. The workers argued that their employer had not followed the procedure mentioned under Section 25F of the Industrial Disputes Act, 1947, before terminating their services. However, the court held that...

Clubbing Stay Of Employee At Different Postings For Transfer Purposes Doesn't Violate Definition Of “Transfer” Under State Rules: HP High Court

The Himachal Pradesh High Court has held that clubbing the period of stay for the transfer of employees does not violate the State's Transfer Policy or the statutory rules governing transfers. In holding thus, the court overruled an earlier conflicting judgment in Anurag Chadha v. State of Himachal Pradesh, 2023.Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “We are at a...

Gazette Notification Is Mandatory Under CCS Rules For Recognition Of Name Change To Claim Family Pension : Calcutta HC

A single judge bench of the Calcutta High Court comprising Justice Shampa Dutt (Paul) held that a Gazette notification is mandatory for recognition of a name change of a government employee or their family member for pensionary benefits. Further affidavits and newspaper publications alone are insufficient to meet this procedural requirement. Background Facts The petitioner's...

'Govt Employees With Political Connections Not Being Given Hard/Tribal Postings Despite State's Transfer Policy': HP High Court

The Himachal Pradesh High Court has directed the State to ensure that transfers are made strictly in accordance with the transfer policy of the Government of Himachal Pradesh. The court emphasised that every government employee should be posted to a difficult area once during their service and that such postings should not be influenced by political relations.Justice Sandeep Sharma:...