Labour & Service
Denying Employment To Convict Let Off On Probation Defeats 'Rehabilitation & Re-Integration' Purpose Of Statute: Rajasthan HC
Rajasthan High Court allowed petition filed by a petitioner who was denied compassionate appointment on grounds on his previous conviction for causing hurt and wrongful restrain where he was released on probation, ruling that once he was let off on probation, he had to be given benefit of the very reason and the objective of the Probation of Offenders Act (“the Act”).The bench of Justice...
Employees Can Be Transferred On Administrative Exigency But Not In Violation Of Statue Or Operative Guidelines: Karnataka High Court
The Karnataka High Court has said that administrative exigency can be a reason for a Corporation to exercise its right of transfer of an employee from one place to another, but it cannot be done in violation of the statute or operative guidelines of service.A single judge, Justice M Nagaprasanna held thus while allowing a petition filed by Shripati Mariyappa Doddalingannavar questioning...
Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers
While staying the transfer of over 1000 officials–where the elected Panchayat bodies were denied the opportunity to exercise their powers under law, the Jodhpur bench of the Rajasthan High Court said that it reflected the State officials' adamancy to not let go of their administrative superiority.Justice Arun Monga held that such an order reflected that the guidelines as well as the...
Provident Fund's “Reserve & Surplus” Amount Transferred To Statutory Fund, Employees Can't Claim It Separately From Provident Fund Dues : Calcutta HC
The Calcutta High Court bench comprising of Justice Shampa Dutt (Paul) held that once a provident fund trust is dissolved and its funds are transferred to the statutory Provident Fund, employees cannot claim a separate share from the “Reserve & Surplus” fund after receiving their full dues. Background Facts The petitioners were the employees of Hindustan...
Mere "Benefit Of Doubt" Acquittal Can't Be Used As Ruse To Deprive Employee Of Legitimate Financial Entitlements: Rajasthan HC
Rajasthan High Court granted relief to the petitioner (Junior Engineer) who was under suspension between 2002 to 2009 due to a criminal case in which he eventually got acquitted, and his service were also restored but was denied the payment of arrears on the ground that his acquittal was merely based on benefit of doubt.The bench of Justice Arun Monga termed this stance taken by the State...
Financial Misconduct In Government Service Warrants Dismissal; No Compassionate Allowance For Acts Of Moral Turpitude: Delhi HC
Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur upheld the dismissal of a Pay Clerk (Central Reserve Police Force) who was charged with financial misconduct and forgery. The court found that tampering with government records and misappropriation of funds constituted grave offenses that warranted his dismissal from service. The court also rejected the...
Employer Cannot Indefinitely Withhold Voluntary Retirement Without Valid Grounds: Delhi HC
Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur ruled that an employer cannot indefinitely withhold voluntary retirement under Rule 56(k) of the Fundamental Rules. The court held that pending vigilance clearance or mere potential inquiries are not valid grounds for withholding retirement. It further clarified that the employer must communicate any...
Employee's Death Attributable To Government Service Conditions; Entitled To Extraordinary Pension & Ex-Gratia Compensation : Delhi HC
A division judge bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur held that deceased employee entitled to extraordinary pension and ex-gratia compensation, if death was attributable to or aggravated by government service conditions, such as exposure to hostile work environments or extreme weather conditions. Background Facts The...
Ministry Policy Cannot Override Supreme Court Precedents On Defence Security Corps Pension Condonation: P&H High Court
Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepthi Sharma dismissed a writ petition that challenged an Armed Forces Tribunal's order. The Tribunal had condoned a shortfall of 343 days and granted service pension to a DSC serviceman. The Court held that Union of India v. Surender Singh Parmar (2015) permits condonation of service shortfalls up to...
Allahabad High Court Quashes GO To The Extent It Denied Gratuity To Teachers Continuing Beyond Superannuation
The Allahabad High Court recently quashed a Government Order to the extent it denied gratuity to teachers who opted to continue beyond their age of retirement, citing primacy of statute over executive fiat.Petition was filed challenging Clause 4(1) of G.O. dated 22.06.2018 as well as communication of rejection of claim for gratuity to the petitioner. By said G.O., gratuity was denied...
Service-Related Disability Entitles Armed Forces Personnel To Full Pension Benefits; Meeting Qualifying Period Not Mandatory: P&H HC
Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepti Sharma upheld an Armed Forces Tribunal's decision regarding the disability pension for an ex-serviceman. The court ruled that disabilities attributable to or aggravated by service entitles a serviceman to both the disability and service elements of the pension. It noted that this applies even if...
Seniority For Promotion Is Determined By Date Of Promotion To Feeder Category, Not From Date Of Initial Appointment: Andhra Pradesh HC
A single judge bench of the Andhra Pradesh High Court comprising of Justice Subba Reddy Satti held that seniority for promotion to the post of Sub Inspector is determined by the date of promotion to the feeder category (Head Constable/ASI), not from the date of initial appointment as a Police Constable. Background Facts of the case The petitioners were working as Head Constable...