Labour & Service
Public Sector Enterprise Can't Initiate Disciplinary Action Against Retired Employee If Rules Don't Expressly Enable It : Supreme Court
The Supreme Court on Tuesday (January 6) ruled that a public-sector corporation cannot initiate or continue disciplinary proceedings against an employee after retirement in the absence of an express enabling provision in its service regulations. A bench of Justices JK Maheshwari and Vijay Bishnoi quashed the post-retirement disciplinary action taken against a former employee of the...
Ad-Hoc Promotion Beyond Prescribed Quota Confers No Right To Seniority Or Service Benefits: Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed a writ petition, holding that when ad-hoc promotion is clearly beyond the 15% quota and therefore not in accordance with the Recruitment and Promotion Rules no consequential service benefits can be given. Justice Ranjan Sharma remarked that: “Once the adhoc promotion given to the petitioner was beyond or in excess of 15% quota… therefore, the...
Postal Dept Cannot Deny Pension To Temporary Employee After Decades Of Service For Want Of Formal Regularisation: HP High Court
The Himachal Pradesh High Court held that a temporary employee of the Postal Department, who had rendered more than two decades of continuous service after the grant of temporary status, could not be denied pensionary benefits merely because a formal order of regularisation was not issued before his retirement. The Court remarked that Union of India could not take advantage of their own...
State Employees' Absorption Policy Must Be Applied Uniformly; Denial After Eligibility Is Arbitrary: Himachal Pradesh High Court
The Himachal Pradesh High Court allowed held that once the petitioner acquires the requisite qualification and the policy continued to operate, absorbtion cannot be denied.Justice Sandeep Sharma remarked that:“Once it is not in dispute that communication dated 06.03.2017 has not been withdrawn till date and pursuant to afore communication, number of similarly situate persons have been...
Caste Certificate Of Woman Candidate Recommended As Tax Officer Under ST Category Validated After Gujarat High Court's Intervention
The caste certificate of a meritorious woman candidate who was denied appointment as State Tax Officer under Scheduled Tribe (Female) category despite selection and recommendation by state public service commission, was validated by the scrutiny committee after intervention by the Gujarat High Court. The petitioner had approached the High Court claiming her ST status for the appointment to...
Deputation Does Not Bar Claim For Equivalent Designation Based On Experience: J&K&L High Court
The Jammu & Kashmir High Court held that experience gained in the parent department cannot be excluded while determining equivalent designation in the borrowing organisation.A bench of Justice Javed Iqbal Wani said that the stand that a deputationist cannot seek equivalent designation in the borrowing department is misconceived, palpably erroneous, unfair, unreasonable, and...
Supreme Court Annual Digest 2025- Service Law
Alteration of Selection Criteria - Weightage of Qualifications - Jammu and Kashmir Services Selection Board (Board) - Recruitment of Foresters - Academic Qualification for Forester - Held that the minimum academic qualification for the post of Forester was or equivalent with Science - Stress was primarily on physical attributes and viva voce, not solely academic criteria - The...
State Cannot Deny Work-Charged Benefits To Eligible Worker On Ground Of Cadre Abolition: HP High Court
The Himachal Pradesh High Court held that abolition of the work-charged establishment in 2005 could not nullify a right that had already accrued in favour of the employee in 2003. Justice Ranjan Sharma remarked that: “Once a right for work charge status had accrued to the petitioner on completion of 8 years of continuous service w.e.f. 01.01.2003… the abolition of work charge establishment...
Employee Who Forgoes Earlier Promotion Can't Claim Reconsideration Within One Year: HP High Court
The Himachal Pradesh High Court dismissed a writ petition filed by Indu Sharma, a retired Junior Assistant, challenging the placement and promotion of her juniors to the post of Senior Assistant in the Department of Language and Culture.Justice Ranjan Sharma remarked that: “If an employee was promoted to a higher post and such an employee refuse or foregoes his promotion then, the said...
Sweeping Allegations On 'Bad Reputation' Without Service Record Cannot Sustain Premature Retirement Order: J&K&L High Court
The Jammu & Kashmir High Court held that a government servant cannot be prematurely retired merely on the basis of vague and unsubstantiated allegations regarding his “bad reputation,” especially when such observations are not supported by any cogent material from the service record. The Division Bench of Sanjeev Kumar, Justice Sanjay Parihar upheld the writ court's decision quashing...