Labour & Service

Candidate Can't Be Excluded From Selection For Postal Delay When Application Was Dispatched Within Time: Allahabad High Court
The Allahabad High Court has held that a candidate who applies online within time and dispatches the hard copy of the application within the prescribed period by a mode of transmission permitted by the advertisement cannot be excluded from the selection process merely because the postal article reached the recruiting authority after the cut-off date.Justice Manju Rani Chauhan held,“To...

Courts Can't Expand Academic Eligibility For Assistant Professor Post By Declaring 'Allied' Subjects: Allahabad High Court
The Allahabad High Court has held that a candidate has no immutable right to insist that a subject once recognised as allied or relevant to an advertised discipline must continue to be treated as such in a later recruitment. It held that the identification of allied/relevant subjects is an academic and policy determination falling within the domain of the competent authority, which a writ...

AP High Court Quashes Disciplinary Proceedings Against Retired BSNL Employee As Time-Barred, Directs Release Of Retiral Benefits
The Andhra Pradesh High Court has quashed disciplinary proceedings initiated against a retired BSNL employee for failure to adhere to the four-year limitation prescribed under the BSNL Conduct, Discipline and Appeal Rules, 2006, and directed the authorities to release his retirement benefits. [2026 LiveLaw (AP) 241]In doing so, the Court also set aside the consequential show-cause notice,...

Allahabad High Court Quashes Rejection Of Police Constable Candidature Over Pending Criminal Case
The Allahabad High Court has held that instructions issued by the Director General of Police on 05.04.2025 will not override the Government Order dated 28.04.1958, which continues to hold the field on the grant of character certificates at the time of first appointment to government service. It held that the appointing authority cannot simply adopt the recommendation of the District...

Gauhati High Court Refuses To Interfere With CRPF Officer's Transfer Over Wife's Anxiety Disorder
The Gauhati High Court recently dismissed a CRPF personnel's plea challenging his transfer order citing anxiety disorder of his wife, observing that scope of court's interference is limited in such cases unless violation of statutory rules or malafides are shown. The single judge bench of Justice Sanjay Kumar Medhi observed:"the scope of interference with an order of transfer by a Writ Court...

Doctrine Of Necessity Can Be Invoked To Prevent Administrative Exercise From Becoming Futile: Allahabad High Court
The Allahabad High Court has held that the doctrine of necessity is not limited to situations involving bias and can be invoked wherever an administrative exigency in the discharge of a public duty threatens to leave a vacuum and render an entire exercise futile. Law permits certain things to be done as a matter of necessity, which it would otherwise not countenance on the touchstone of...

Govt Servant Cannot Claim Inter-District Transfer As Right; Education System Is For Students, Not Teachers' Convenience: Supreme Court
The Supreme Court has recently held that being displaced from one's family is a universal problem faced by employees, and that a Government servant cannot claim an inter-district transfer, as a matter of right on that ground.A bench of Justice JB Pardiwala and Justice K Vinod Chandran held so while setting aside an Allahabad High Court order that had prima facie found contempt in the rejection...

Employee Appointed Under Government Orders Is Entitled To Regularization Of Suspension Period & Subsistence Allowance: Madras High Court
A Division Bench of the Madras High Court comprising Justice C.V. Karthikeyan and Justice R.Sakthivel held that a Noon Meal Organizer is a public servant holding a substantive post under the State Government, and in the absence of statutory service rules, service conditions can be governed by administrative orders issued under Article 162 of the Constitution. [2026 LiveLaw...

Private Employers, Educational Institutions Can't Mandatorily Seek Caste Details In Application Forms: Madras High Court
A Division Bench of the Madras High Court comprising Justice C.V. Karthikeyan and Justice R. Sakthivel held that no private educational institution or private employer in Tamil Nadu can mandatorily collect caste or community details in application forms. [2026 LiveLaw (Mad) 494] Background Facts The petitioner filed a Writ Petition before the Madras High Court. The...

Bigamous Marriage By UP Govt Servant Can Attract Major Penalty For Contracting It Without Govt Permission: Allahabad High Court
The Allahabad High Court has held that a government servant who contracts a bigamous marriage without obtaining the Government's permission can be subjected to a major penalty, as the punishment for violation of Rule 29(1) and (2) of the U.P. Government Servants' Conduct Rules, 1956, is now within the discretion of the appointing authority.Justice Manish Kumar Nigam noted that sub-rule (3)...

Stakeholder Meetings Can't Substitute Mandatory Publication Of Notification Inviting Objections To Proposed Wage Revision: Karnataka High Court
The Karnataka High Court has held that once Section 5(1)(b) of the Minimum Wages Act, 1948 has been invoked, the State cannot dispense with the publication of the proposal for wage revision in Official Gazette and statutory opportunity to file objections merely because the stakeholders had subsequently participated in the meetings. Consequently, the Division Bench of Justice D.K. Singh...

'Trying To Sail In Two Boats': Rajasthan High Court Rejects Doctor's Plea To Retain Lien In Two Govt Services While Pursuing Higher Studies
The Rajasthan High Court has rejected a doctor's plea seeking extension of time to join as an Assistant Professor in General Surgery while pursuing his M.Ch. in Urology, holding that a government servant cannot retain lien on two substantive posts simultaneously.Justice Anoop Kumar Dhand observed that extension of joining time is meant to meet administrative exigencies or personal hardship...
