Employee's Right To Promised Pay Scale Benefits Can't Be Negated By Administrative Delays: Gujarat HC

Gujarat High Court: Justice Vaibhavi D. Nanavati ruled that the State of Gujarat must grant higher pay scales to Work Assistant cadre members based on their tenure, following unfulfilled promises of promotion and salary adjustments as per government resolutions. The court found the State's recovery of salaries, granted due to delays in implementing pay-scale adjustments, to be unlawful....

Dispute Referral By State Government To Central Labour Tribunal Valid Only When Authorized By Central Government: Allahabad HC

Allahabad High Court: A single bench of Justice Subhash Vidyarthi declared that the canteen workers of Hindustan Aeronautics Ltd. (HAL) were direct employees of the company, despite the existence of a contract with a third-party canteen operator. However, the court ruled that the question of whether the contract between HAL and the canteen operator was a “sham” was beyond the...

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Despite acquittal, the Screening Committee had cancelled the Petitioner's appointment to the Post of SI. The Bench held that the Screening Committee ought to...

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC

The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. A bench of Justice Salil Rai also opined that any decision by the employer denying appointment only because of such non-disclosure would also be contrary to the...

Long Service And Transparent Recruitment Merit Regularization Despite Absence Of Rules: Madras HC

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan directed the Indian Maritime University (IMU) to regularize the services of eight contractual employees. The Court ruled that their appointments, though irregular, were not illegal as they were made through a transparent recruitment process including public advertisement and interviews. The...

Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC

Rajasthan High Court has ruled that the suspension order passed under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1951 (“the Rules”) is not punitive in nature but preventive as a precaution against employee influencing or hampering the course of inquiry or tempering with the material related to it. However, suspending an employee over...

No Explicit Option For CPF Means Automatic Transition To GPF Scheme: Madras HC Upholds Pension Rights Of KV Teachers

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan upheld the Central Administrative Tribunal's orders granting pension rights under the General Provident Fund (GPF) scheme to retired Kendriya Vidyalaya teachers. The Court ruled that teachers who had not explicitly opted to remain under the Contributory Provident Fund (CPF) scheme by January 31,...

Minor Children's Difficulty In Adapting To New Academic Environments Insufficient Grounds To Void Transfer Order:Delhi High Court

Delhi High Court: Justice Girish Kathpalia dismissed the writ petition filed by Ravinder Mandal and found no grounds for malafide intent behind the issuance of his transfer order. The High Court concluded that the transfer was a legitimate administrative action aligned with Mandal's contractual obligations as a transferable employee, and his non-compliance with the...

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court

Kerala High Court: The Division Bench comprising Justice A. Muhamed Mustaque and Justice P.M. Manoj dismissed the petition filed by S. Gopalakrishnan Potti seeking penal interest on delayed pensionary benefits and back wages. The court upheld the Kerala Administrative Tribunal's (KAT) decision, ruling that delays in disbursing benefits were justified due to pending...

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101(8) of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. The court limited...

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. The Tribunal had quashed the orders dismissing the Respondent from service on the grounds of being accused of murder and lodgement of FIR against him. The Court observed that the Respondent was...

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC

Rajasthan High Court granted relief to the petitioner serving as a clerk in the office of the District and Sessions Judge whose application for extra-ordinary leave of two years for pursuing B.Ed. was rejected.Proviso to Rule 96 of the Rajasthan Service Rules, 1951 provides for provision of extra-ordinary leave for higher study for two years for such temporary/ permanent government servant...