Labour & Service
Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings
Recently, the Allahabad High Court terminated the disciplinary proceedings against petitioner-employee in which chargesheet had issued in 2009 and no action was taken since then.Petitioner was a Gram Panchayat Adhikari. Though he was set to retire on 31.12.2009, he was suspended on 29.12.2009 due to a pending inquiry against him. He was served a chargesheet on 29.12.2009. After his...
KS & SSR| Govt Employee Transferred By Way Of Absorption To Another Department Can Retain Seniority Of Previous Dept : Supreme Court
The Supreme Court (recently on January 03) held that employees who are transferred on absorption to another department are entitled to retain the seniority of their previous department as per the Kerala State and Subordinate Service Rules(KS&SSR).The Court held that the proviso to Rule 27(a) of the KS & SSR, which hold that previous seniority cannot be claimed when an employee...
No Employee Should Be Retired With Pending Disciplinary Proceedings Unless Compelling Circumstances/Very Serious Charges: Allahabad High Court
While granting interest on delayed payment of post-retiral dues to a Nagar Palika employee, the Allahabad High Court observed that unless there are compelling reasons or serious charges, an employee should not be retired with disciplinary proceedings pending against him.Imposing cost of Rs. 10,000 on the Executive Officer, Nagar Palika Parishad, Seohara, Bijnor for delaying the payment of...
Piece-Rate Workers Not Entitled To Pension Benefits Granted To Regular Staff: J&K High Court
Jammu and Kashmir High Court: A single judge bench of Justice Sanjay Dhar dismissed petitions seeking pensionary benefits filed by former piece-rate workers of J&K Handicrafts Corporation. The court distinguished between piece-rate workers and regular employees, and held that workers paid based on daily output cannot claim parity with regular government employees for...
Cause Of Action For Claiming Family Pension Arises Only Upon Death Of Pensioner; Speculative Claims Not Valid: Delhi HC
Delhi High Court: A Single Judge Bench of Justice Neena Bansal Krishna ruled that a claim for family pension requires a valid cause of action, which only arises on the death of the pensioner. The court allowed a revision petition filed against a suit seeking a mandatory injunction for the processing of family pension. It ruled that family pension under Rule 50 of the Central Civil...
Recovery Of Excess Pension Payments From Retired Class-III Employee Impermissible: Patna HC
Patna High Court: A Single Judge Bench consisting Justice Purnendu Singh allowed a writ petition that challenged the recovery of excess pension payments made to a retired Central Industrial Security Force Sub-Inspector. Following State of Punjab v. Rafiq Masih, the court ruled that recovery of excess payments from Class-III employees is impermissible when the error is administrative and...
Civil Court Has Jurisdiction To Pass Injunctive Relief In Industrial Disputes: Madras HC
Madras High Court: A single judge bench consisting Justice V. Lakshminarayanan allowed a civil revision petition against a District Munsif's order that refused to pass an injunction against TAW Footwear Division. The Munsif had rejected the plaint holding that the matter was an industrial dispute and fell exclusively within the Labour Court's jurisdiction. However, the court ruled that...
Pensionary Benefits For Contractual Period Before Regularization Must Include Annual Increments : Himachal Pradesh High Court
A single judge bench of the Himachal Pradesh High Court comprising of Justice Jyotsna Rewal Dua, held that the direction to count the contractual service for pension requires the inclusion of annual increments for the relevant period in the pension calculation. Background Facts The petitioner was working as a Trained Graduate Teacher (TGT) on the contractual basis. Later his...
Failure To Comply With Condition Not Specified In Recruitment Rules Or Advertisement, Can't Justify Rejection Of Candidate's Appointment: Chhattisgarh HC
A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that failure to comply with a condition which was not stipulated in the recruitment rules or advertisement, cannot serve as a valid ground for rejecting a candidate's appointment. Background Facts The Directorate Of Employment And Traning Department, Raipur issued an advertisement...
Similarly Situated Employees Under Same Employer Must Be Treated Equally: Manipur HC
High Court of Manipur: A Single Judge Bench of Justice A. Guneshwar Sharma directed the State of Manipur to absorb two Assistant Project Officers (APOs) as Project Officers (POs) in its Rural Development and Panchayati Raj Department. This rectified their initial absorption into a lower post. Considering the employees' prior promotion, the court held that their subsequent absorption into...
Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet
Rajasthan High Court set aside the order of a District Education Officer wherein the services of a Junior Assistant (Clerk Grade-II) (“Petitioner”) were terminated based on the fact that the ground on which the Petitioner was terminated was not appearing either in the charge sheet or in the inquiry report.The bench of Justice Dinesh Mehta held that, “In the opinion of this Court,...
Employee's Service In NTPC School, Approved By West Bengal Board , Must Be Considered For Pension: Calcutta HC
A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that the employee's service at NTPC High School (7th April 1993 to 4th July 2002), though in a recognized unaided institution, must be considered for pensionary benefits as it was approved by the West Bengal Board of Secondary Education, Government of West Bengal. Background...