Labour & Service
Excess Salary Paid Due To Employer's Error 17 Years Ago Can't Be Recovered From Retiral Dues: Allahabad High Court
The Allahabad High Court has held that excess salary paid to a Class-III employee because of the employer's own faulty pay fixation cannot be recovered from his post-retiral dues where the mistake is corrected 17 years later and the employee is not shown to have brought it about.Directing refund of Rs. 11,51,840/- deducted from the retiral dues of a retired Head Constable (Driver), with 7%...
'Backdoor Appointments': Tripura High Court Restrains Tribal Areas Autonomous District Council From Paying Salaries To Regularised Employees
The Tripura High Court recently restrained the Tripura Tribal Areas Autonomous District Council, till further orders, from paying salaries to the to the part-time workers, casual workers and paid vouchers who have been regularised in absence of existence of sanctioned posts with approved scale of pay and allowances. The Tripura Tribal Areas Autonomous District Council (TTAADC) is...
Promotion Doesn't Wash Out Past Adverse Entries, Full Service Record Relevant For Compulsory Retirement: Allahabad High Court
The Allahabad High Court has held that the promotion of a government servant does not wipe out the adverse entries earned by him before the promotion when his case is taken up for compulsory retirement. It held that the entire service record must be looked at in such an assessment, and that even one entry touching integrity can be enough to retire an employee compulsorily.Justice Anish...
Re-employed Officers Can Be Treated Separately From Regular Officers: Supreme Court
The Supreme Court has held that government officers who are re-employed after retirement can legitimately be treated as a separate class from regular government employees for the purpose of pay fixation, ruling that such a classification does not violate the constitutional guarantees of equality under Articles 14 and 16.A Bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria made the...
State Can't Implement Central Scheme Selectively By Ignoring Pay Parity Clause: Allahabad High Court
The Allahabad High Court has held that a State which adopts a Centrally Sponsored Scheme, takes financial assistance under it and recruits employees solely to implement it cannot enforce only those parts of the Scheme which are administratively convenient while ignoring those which confer corresponding benefits on the employees so recruited.Clause 12.3 of the Integrated Education for...
'Past Service In Different Cadre Cannot Be Counted For Career Progression Benefits, Mere 'Continuity' Not Enough: Karnataka High Court
The Karnataka High Court has recently dismissed a writ petition filed by a lecturer of the National Institute of Unani Medicine (NIUM) who sought counting of his past service as Clinical Registrar for extending benefits under the Dynamic Assured Career Progression (DACP) Scheme. [2026 LiveLaw (Kar) 299]The Division Bench comprising Justice S.G. Pandit and Dr. Justice K. Manmadha Rao affirmed...
Retired Armed Forces Personnel Applying For Re-employment After Completing Qualifying Service Entitled To Ex-Serviceman Status : Delhi HC
A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Vinod Kumar held that a retired Armed Forces personnel who applies for re-employment after completing the prescribed qualifying service is entitled to ex-serviceman status, and eligibility cannot be denied by supplementing fresh reasons later. Background Facts The respondent was a medical...
Retired Judges Appointed In Central Industrial Tribunals Can't Claim Pay Parity With Other Tribunal Members : Supreme Court
The Supreme Court on Wednesday (August 12) dismissed a writ petition filed by ex-judicial officers, who were re-employed as Presiding Officers of Central Government Industrial Tribunals-cum-Labour Courts, seeking pay scales equivalent to those granted to other National Tribunals under the 6th Pay Commission recommendations. A bench of Justice SVN Bhatti and Justice NV Anjaria justified...
No Disciplinary Proceedings To Terminate Aided School Teacher Who 'Abandoned' Service To Continue Foreign Job: Kerala High Court
The Kerala High Court recently clarified that there is no need for disciplinary proceedings to terminate an aided school teacher, who refused to rejoin service even after the expiry of sanctioned leave in order to continue foreign employment. [2026 LiveLaw (Ker) 443]Justice Harisankar V. Menon observed that disciplinary proceedings are not required in such cases since refusal to rejoin...
Teacher-Student Ratio Norms Under RTE Act Can't Be Invoked To Challenge Teachers' Transfer Policy: Allahabad High Court
The Allahabad High Court has held that teachers have no inherent right of transfer under any statute, and that such rights as they have in the matter arise only from the transfer policy itself.It held that a district-wise Pupil-Teacher-Ratio (PTR) list prepared by the State only to work its policy for inter-district transfer of basic school teachers has nothing to do with the mandate of The...
Enquiry Necessary To Dismiss Employee For Suppression Of Criminal Antecedents : Supreme Court
The Supreme Court on Tuesday (August 11) observed that the disclosure of criminal antecedents by an employee after joining service would not automatically result in dismissal. The Court held that before passing a termination order, the employer must conduct an enquiry to determine whether the suppression of criminal antecedents was deliberate and must record a finding that the continuation of...