Recovery From Class III Employee Post-Retirement Illegal Without Misrepresentation Or Fraud: MP HC

Madhya Pradesh High Court (Gwalior Bench): A single judge bench of Justice Anil Verma set aside a recovery order against a retired Class III employee, Hari Shankar Soni. It held that recoveries of excess payments made to Class III and IV employees after retirement are impermissible, unless there is misrepresentation or fraud. It also held that any specific undertaking allowing such recovery...

'Disability Pension Can't Be Denied Merely Because Officer Was Posted At Peace Station Later', Delhi High Court

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur while dismissing a Petition observed that the disability element of Pension could not be denied to the Respondent merely on the grounds that the Respondent was posted at a peace area. It was held that the relationship between the disability and the Respondent's service conditions were to be considered...

'No Distinction Between Pro Rata Pension And Pension', Delhi High Court Condones Delay For Shortfall In Qualifying Service

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed in a Petition seeking pro rata pension after voluntarily discharging from services in the Indian Air Force. The Court held that there was no clear distinction in the pension and pro rata pension mentioned in the order that put forth the conditions to condone a shortfall in the qualifying...

Pendency Of Dispute Regarding Excess Payment Does Not Bar Release Of Retiral Benefits In Timely Manner: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, Justice, while deciding a writ petition held that a retired government employee is entitled to receive retiral benefits (including pension) in a timely manner, even when there is a pending dispute regarding alleged excess salary drawn during the service period. Background Facts The...

Recovery Of Excess Payments Made To Retired Employee, Without Fraud Or Misrepresentation On Their Part, Is Impermissible : Calcutta High Court

A division bench of the Calcutta High Court comprising of Justice Harish Tandon and Justice Prasenjit Biswas, while deciding an appeal held that recovery of alleged excess payments made to a retired employee, without fraud or misrepresentation on their part, is impermissible. Background Facts The employee (Respondent) retired as a headmaster from the school on June 30, 2017....

Temporary Service During COVID-19 Pandemic No Grounds To Ask For Bonus Marks Or Reservation For Post Of Nurse: Rajasthan High Court

Rajasthan High Court rejected petition by a disabled candidate for the post of Female Nurse suffering from 61% polio in both her legs, on the grounds that the guidelines specifying the disabilities eligible for reservation of the post reflected only single-leg disability and held that merely because she temporarily served on the post during Covid, she could not be conferred with any...

Cancellation Of Promotion & Reversion Of Employee's Position Without Providing Show Cause Notice Is Unsustainable : Guwahati High Court

A single judge bench of the Guwahati High Court comprising of Justice Suman Shyam, while deciding a writ petition held that the cancellation of a promotion and reversion of an employee's position without providing a show cause notice or an opportunity to be heard is unsustainable and arbitrary. Background facts The petitioner was an employee of Sivasagar Municipal Board (SMB) and...

Expansive Interpretation Of “Last Pay Drawn”; Term Includes CPF Contributions: Delhi High Court

Delhi High Court: A Single Judge Bench of Justice Dharmesh Sharma found the Chief Secretary of GNCTD to be in contempt for not complying with court orders regarding certain Contributory Provident Fund (CPF) contributions. These CPF contributions were for judicial members of the State Consumer Disputes Redressal Commission (SCDRC). The court affirmed that “last pay drawn” includes...

Value Addition Of Employee Is Always Advantageous To Institution: Karnataka HC Upholds Order On Doctor's Plea For Deputation To Study Further

The Karnataka High Court has upheld the order of the State Administrative Tribunal which directed the State government to consider representation of Dr Madhu Kumar M H, Specialist (Physician), KR Hospital in Mysuru for permission to go on deputation for higher studies.A division bench of Justice Krishna S Dixit and Justice C M Joshi said, “The petitioners are not justified in keeping...

Passing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court

While hearing a principal's plea–whose earlier suspension was quashed in a writ petition, and who was subsequently suspended again, the Lucknow bench of the Allahabad High Court said that non-passing of a formal order of reinstatement after quashing of suspension order does not disentitle the employer from placing the employee under suspension again.The Court held that suspension does...

Benefit Should Be Given To Candidate And Not Employer, If Advertisement Stipulates Vague Qualification Criteria: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that if an advertisement gives vague and ambiguous meaning with a possibility of varying interpretations about the qualification criteria of a post, the benefit should always be given to the candidate and not the employer.The single-judge bench of Justice Sanjay Dwivedi observed, “Any advertisement creating ambiguity in regard to the qualification...

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 and do away with the inquiry. The Court also observed that the apprehension of the employee influencing or tampering with the evidence reflected Department's lack...