Prior Option To Work As Para Teacher Shouldn't Act As Deterrent, Calcutta HC Permits To Work As Samprasarak For Better Service Benefits

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that prior exercised option to work as a para teacher should not act as a deterrent to the employee to work as Samprasarak/Samprasarika to avail better service tenure and benefits. Background Facts In 2019, School Education Department of the Government of West Bengal issued...

Illegal Termination During Probation, Chhattisgarh HC Declines To Review Judgement

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that a review cannot be used to reargue the case or introduce new arguments without an apparent error or new evidence. Therefore, the employee, who was illegally terminated, was allowed to continue her service. Background Facts The employee was appointed on probation for a period of...

Termination Of Services Of Anganwadi Supervisor Without Following Procedure, Patna HC Revokes.

A single judge bench of the Patna High Court comprising of Justice Bibek Chaudhuri held that termination of Anganwadi Supervisor from the service without following the termination procedure under Clause XIV of the Pervekshika Niyojan Margdarshika is invalid. Background Facts The State Government created the Anganwadi Center No. 206 in Ward No. 8, Pilapur, Bhojpur District....

Supreme Court Rejects PSU's Plea Against Order To Include HRA & Other Allowances In Overtime Wage Calculation

The Supreme Court on Thursday (January 2) dismissed an SLP filed by PSU Munitions India Limited against an interim order of the Bombay High Court directing the implementation of a Central Administrative Tribunal (CAT) decision that mandated including certain compensatory allowances in the calculation of overtime wages under the Factories Act, 1948.A bench of Justice Vikram Nath and...

Person Officiated To Higher Post On Orders Is Entitled To Pay In That Cadre Even If Later Found To Be Ineligible: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that an employee who was officiated to a higher post on official orders is entitled to the salary of that post, regardless of subsequent findings of ineligibility.A division bench of Justice Ravi Nath Tilhari and Justice Nyapathy Vijay passed the order in a writ petition challenging decision of the Central Administrative Tribunal, which had directed that...

ESI's Refusal To Reimburse Medical Expenses On Minor Technical Grounds Arbitrary: Kerala HC

Kerala High Court: A Single Judge Bench of Honourable Mr. Justice C.S. Dias of the Kerala High Court ruled against the Employees State Insurance Corporation (ESIC) in a medical reimbursement case. The court held that ESIC's refusal to reimburse expenses for an emergency liver transplantation on grounds such as non-submission of an 'emergency certificate' was hyper-technical and arbitrary....

Employer Can't Deduct Excess Amount From Retiral Benefits Paid To Employee On Erroneous Fixation Of Pay Scale : Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice Harish Tandon & Justice Prasenjit Biswas held that the employer cannot deduct or adjust the excess amount paid to the employee on erroneous fixation of pay scale from the retiral benefits. Background Facts The respondent employee was appointed as a lecturer in Ramkrishna Mission Shilpapitha, Belgharia, Kolkata...

Longevity Of Service Cannot Be Sole Reason For Claiming Regularisation: Kerala HC

Kerala High Court: A single bench of Justice Harisankar V. Menon dismissed petitions by Cochin Port Trust firemen seeking regularisation and pay parity with permanent firemen. The court observed that the firemen were engaged only as Leave Reserve Pool (LRP) workers and were not entitled to regularisation or equal pay. Relying on Secretary, State of Karnataka v. Umadevi (3) [(2006) 4 SCC...

Suppression Of Pending Criminal Cases Raises Concerns About Candidate's Integrity: Orissa HC Upholds Cancellation Of Employee's Appointment

The Orissa High Court has held that notwithstanding the result, suppression of pending criminal cases per se raises concerns about a candidate's integrity and after withholding such vital information, a person cannot claim an unfettered right to seek appointment.While denying relief to the petitioner aggrieved of cancellation of his candidature, Dr. Justice Sanjeeb Kumar Panigrahi held...

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates

A Single Bench of the Delhi High Court comprising Justice Jyoti Singh held that the recovery of an excess amount of Rs. 9 lacs would not be just and fair. The Court reiterated that although an Employer has the right to recover the excess amount mistakenly paid to an Employee, the same cannot be done in cases where the excess payment has been made for a period in excess of five...

Family Pension Denied Due To Non-Provincialisation Of Service Before Death; Gauhati HC Suggests To make Fresh Plea To Governor

Gauhati High Court: A Single Judge Bench of Justice Robin Phukan disposed of a writ petition filed by a widow seeking family pension under the Assam Services (Pension) Rules, 1969. The court held that family pension could not be granted since the petitioner's husband's service was not provincialised before his death. However, it directed the widow to file an application before the...

Central Govt Employee Can't Take Benefits Of Both MACPS & Time-Bound Promotion : Supreme Court Issues Directions On Recoveries

The Supreme Court held that a central government servant was not entitled to the benefit of both time-bound promotion scheme as well as the benefit of financial upgradation under the Modified Assured Career Progression Scheme."Grant of financial upgradations as well as promotions are to be duly accounted for and taken into consideration in the MACPS," the Court observed.Holding so, the...