Labour & Service
Delay In Conducting Qualifying Exam By State Can't Be Attributed To Candidate: Rajasthan HC Directs Regularization Of Service From Prescribed Date
Rajasthan High Court granted relief to a Lower Division Clerk whose services were regularized from a later date than the date of completion of her probation period owing to delay on part of the State in conducting the prescribed examination that was required to be cleared for such regularization.The bench of Justice Arun Monga observed that the petitioner was willing and available throughout...
Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court
The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. In doing so, the court opined that the impugned action must relate to a 'public duty' in order to come under the ambit of Article 226 of the Constitution.The single-judge bench of Justice Vijay Kumar Shukla observed, “The...
Only Chief Secretary/ Administrative Reforms Dept Can Direct Joint Inquiry Against Delinquents From Different Departments: Rajasthan HC
In a case where two officers governed by two different departments and disciplinary authorities are booked by only one taking disciplinary action, the Jodhpur bench of the Rajasthan High Court said that in such a case only the Chief Secretary/competent authority of Administrative Reforms and Coordination Department can direct a joint inquiry under the relevant rules. For context, Rule 18...
Withholding Gratuity Of Retired Class III Employee Without Any Pre-Retirement Inquiry Deemed Illegal: Chhattisgarh HC
Chhattisgarh High Court: A division bench of Justices Ramesh Sinha and Ravindra Kumar Agrawal held that the State cannot withhold gratuity from a retired Revenue Sub-Inspector without any prior departmental inquiry. Following State of Punjab v. Rafiq Masih, the court ruled that recovery from Class III employees post-retirement is illegal unless proceedings were initiated...
Power Of Transfer Exercised As Substitute For Infliction Of Lawful Punishment Is Malice In Law: Allahabad High Court
The Allahabad High Court has quashed an order for transfer of the petitioner by the Purvanchal Vidyut Vitaran Nigam Limited as being malicious and without justification. It was held that the transfer order cannot be used a measure for punishment.“The exercise of the power of transfer as a substitute for the infliction of lawful punishment in exercise of the employer's disciplinary...
Denying Regularization From Correct Date By Making Distinction Based On Initial Nature Of Work Arbitrary, Violates Art. 14, 16: Rajasthan HC
The Jodhpur bench of Rajasthan High Court quashed the State government's order, which did not regularize a man on the ground that his initial work on daily wages was different from his counterparts, terming the consideration as “irrelevant” and the actions of the State as discriminatory and violative of Articles 14 and 16.Justice Arun Monga said, “The principle of equity warrants...
LIC Suffered No Loss, Gained More Business: Rajasthan HC Quashes Recovery Order Against Officer For Not Reporting Agent In Govt Service
The Jodhpur bench of Rajasthan High Court quashed Life insurance Corporation of India's order (LIC) initiating recovery proceedings against its Development Officers in connection with the money generated by the business conducted by an agent who was not authorized to work for LIC as he was in government service.Justice Arun Monga said, "Be that as it may, neither LIC has suffered any loss...
'APAR Can't Be Interfered With If It Complies With Guidelines And Is Not Actuated By Malice', Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed a Writ Petition seeking to upgrade the Petitioner's Annual Performance Appraisal Report (APAR) based on being graded as 'very good' and 'outstanding' in the previous years. The Court further held that the APAR could not be interfered with as the Reporting Officer had written the...
Disability Attributable To Service, Authorities Cannot Contradict Medical Proof, Delhi High Court Grants Disability Pension
A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while allowing a Petition of the Petitioner seeking disability pension held that in absence of reasons as to how the disability arose, it could be presumed that in cases where the personnel while being appointed to the post was declared fit, the disability having arisen later could be attributable...
Rajasthan HC Sets Aside Employee's Demotion From Post Held For 17 Years, Says Decision Rejecting Peer's Plea Seeking Same Relief Not In Rem
The Jodhpur bench of the Rajasthan High Court set aside a 14-year-old order demoting a government employee from a post on which he served for 17 years, wherein the demotion was directed based on a judgment in a plea by a similarly situated counterpart who had also sought promotion but was denied noting that he wasn't entitled to it. The bench of Justice Arun Monga opined that since there was...
S.498A IPC | Circular Barring Husband From Seeking Govt Employment Due To Wife's Pending Cruelty Case Violates Article 14, 21: Rajasthan HC
The Jodhpur bench of the Rajasthan High Court set aside order rejecting candidature of the petitioner based on pending cruelty case under Section 498A IPC, ruling that at best the petitioner was "merely an under trial" and his fate is yet to be determined based on the trial's outcome. Furthermore, the court noted that a mere break down of marriage could not be treated as if the husband was...