Labour & Service
APSRTC Conductor's Termination Upheld; Leniency Towards Misappropriation Contrary To Public Interest: AP HC
Andhra Pradesh High Court: A single judge bench of Justice Maheswara Rao Kuncheam upheld the dismissal of an APSRTC conductor. He was terminated for collecting fares from passengers without issuing tickets. The court stressed on the importance of maintaining public trust in disciplinary actions. It ruled that leniency in cases of misappropriation, even involving small amounts, is contrary...
Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC
Himachal Pradesh High Court: A Single Judge Bench of Justice Sushil Kukreja dismissed an appeal filed a dependent mother under the Employee's Compensation Act. It held that multiple claim petitions for the same accident are not maintainable. The court ruled that when the widow and daughter of the deceased employee had already settled their claim in 2015, a subsequent petition by the...
Appointment Didn't Comply With Drivers Service Rules, Allahabad HC Denies Government Servant Status To Special Sugar Fund Employee
A division bench of the Allahabad High Court comprising of Chief Justice Arun Bhansali & Justice Jaspreet Singh held that an employee appointed under the Special Sugar Fund cannot be regarded as a government servant, as the appointment was not made in accordance with the Uttar Pradesh Sugar Department Drivers Service Rules, 1984. Background Facts The Special Sugar...
MOIL Ltd.'s Pension Scheme Struck Down By Bombay HC As Discriminatory; Distinction Between Resignation And Superannuation Declared Arbitrary
Bombay High Court: A Division Bench of Justices Avinash G. Gharote and Abhay J. Mantri held that Clause 7(b) of the MOIL Group Superannuation Cash Accumulation Scheme is discriminatory and violative of Article 14. This clause restricted employees who resigned from receiving their pension. The court ruled that resignation alone cannot bar pensionary benefits when all other...
Doctrine Of Equality Applies To Punishments Across Different Forces Under Same Administrative Framework: Delhi HC
Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur set aside the removal from service of two CISF constables. The court found their punishment to be disproportionate compared to an ITBP officer who was involved in the same incident. It held that the doctrine of equality applies to punishments across different forces under the Ministry of Home Affairs....
Pension Calculation Is Governed By Rules In Force When Employee Joined Service; Can't Retrospectively Apply New Rules: Rajasthan HC
Rajasthan High Court, Jaipur Bench: A Division Bench of Justices Manindra Mohan Shrivastava and Ashutosh Kumar upheld a single-judge decision that allowed a government employee to include his territorial army service in pension calculations. The Court ruled that pension rules introduced in 1996 could not retrospectively be applied to those who joined under the Rajasthan Service...
'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents
Dismissing a petition against suspension of a government employee in contemplation of the departmental enquiry against him, the Jaipur bench of the Rajasthan High Court observed that while exercising power under Article 226 of the Constitution, the scope of interference in matters of suspension was very limited.Justice Anoop Kumar Dhand in his order said, “In matters of suspension, the...
No Automatic Right To Backdated Regularization; Municipal Corporations May Consider Financial And Administrative Constraints: Gujarat HC
Gujarat High Court: A Division Bench comprising Justices A.S. Supehia and Gita Gopi set aside an order of a single judge bench that directed Ahmedabad Municipal Corporation (AMC) to backdate the regularization of certain daily wage workers. The Court held that municipal corporations cannot be compelled to regularize workers retrospectively, even if the workers had completed the...
Calcutta HC Allows Review Petition Filed By IIM Calcutta Faculty; Confirms Automatic Inclusion Into New Pension Scheme As Per 1987 Memorandum
Calcutta High Court: In 2020, a Division Bench had denied pension benefits to an IIM Calcutta faculty member for failing to opt into the new GPF-cum-Pension-cum-Gratuity Scheme. However, a Division Bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta allowed a review petition against this judgement. The bench held that the relevant pension rules automatically covered employees who...
'Rejection Of Disability Pension Should Be Based On Reasoned Order ': Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur held that since the Petitioner's disabilities arose while he was in service, the possibility of the disabilities having arisen due to being in service could not be ruled out. The Bench further held that the Respondents did not explain as to why they did not consider the opinion of the Medical...
BSF Personnel Entitled To MACP Benefits Based On Notional Service Till 60 Years: Delhi HC
Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur upheld BSF personnel's right to the third Modified Assured Career Progression (MACP) benefit. It noted that Dev Sharma v. Indo Tibetan Border Police had mandated uniform retirement at 60 years for all officers of Central Armed Police Forces. Thus, it held that notional service until 60 years must also be...
Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court
A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. Background Facts The petitioner was holding the post of Stenographer Grade-I in the Rajasthan Financial Corporation (RFC). He was arrested and...