[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...

Long-Term Contract Employment Cannot Override Regular Recruitment Process; Bombay HC

Bombay High Court: A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar directed the regularization of staff nurses employed on contract basis in the Union Territory of Daman and Diu. The court overturned the Central Administrative Tribunal's dismissal, ruling that the nurses, who were recruited through proper selection processes in accordance with...

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher (“petitioner”) who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service.The bench of Justice Farjand Ali...

Reviewing Officer Comments Contrary To Entries In ACR, Delhi High Court Directs Reassessment Of Grades

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of a Single Judge Bench wherein a Petition seeking to change the Appellant's Grade from '3' to '1' was dismissed. The Court directed the Respondents to reassess the overall performance of the Appellant in accordance with law considering the entries which...

Principle Of Res Judicata Bars Second Reference To Labor Court, After Adjudication: Punjab & Haryana High Court

Punjab and Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal dismissed multiple writ petitions challenging the Labor Court's award, affirming that payment of differential wages under the Minimum Wages Act does not create a fresh cause of action to override the principle of res judicata in labor disputes. The case involved contract workers seeking regularization...

Seniority Is Reckoned With Ph.D. Acquisition Date, Not Initial Appointment Date For Principal-In-Charge Position: Patna High Court Clarifies UGC Regulations

Patna High Court: A Division Bench comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy dismissed a writ petition challenging the appointment of Dr. Krishna Murari Sah as Principal-in-Charge of Sitaram Sahu College, Nawada. The Court held that despite his later appointment, Dr. Sah acquired his Ph.D. earlier, making him senior to the petitioner under UGC Regulations....

'No Infirmity In The Decision To Direct Payment Of Interest On Interest', Delhi High Court Upholds Decision Of Central Administrative Tribunal

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition that sought to quash the judgement of the Central Administrative Tribunal directing the Petitioners to pay the Respondent the interest on interest at the rate of 10 percent. The Court held that the proscription on interest on interest as per Section 3(3)(c) of the...

Theft By Employee Leads To Mistrust In Him, Labour Court Cannot Order Reinstatement On Sympathy: Karnataka High Court

The Karnataka High Court has said that the Labour Court cannot on the ground of sympathy alone direct reinstatement of a workman, when he is involved in a serious case of theft.A single judge bench of Justice K S Hemalekha held thus while allowing a petition filed by The Taj West End Hotel and set aside the order of the tribunal directing reinstatement and payment of back wages to an employee,...

Chronic Vacancies And Essential Service Needs Justify Regularization Of Contract Employees Despite Article 320: Madras HC

Madras High Court: A Division Bench of Dr. Justice Anita Sumanth and Justice G. Arul Murugan upheld the Central Administrative Tribunal's (CAT) order directing the regularization of contract Veterinary Assistant Surgeons who had served in Puducherry for nearly two decades. Despite objections from UPSC regarding Article 320 requirements, the Court found that the...

When Previous Employer Accepts Resignation, New Employer Can't Deny Appointment To Selected Employee : Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Jyoti Singh, while deciding writ petition held that if an employee has already been relieved by the previous employer, then the new employer can't deny appointment to employee who has passed the selection process. Background Facts The employee was working as a General Manager (Finance) at Brahmaputra...

Promotion Can't Be Denied Due To Reasons Beyond Candidate's Control; Delhi High Court Grants Promotion To Army Officer

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur granted retrospective promotion to an officer in the Central Reserve Police Force who was earlier denied the same. The Petitioner was posted abroad which resulted in him being ineligible due to not falling within the “10 years Group 'A' service” which was a mandatory condition as per...

Challenge To Nine-Year-Old Appointment Through New Petitioners Not Possible If Earlier Petitions Were Dismissed For Delay: Kerala High Court

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar dismissed a writ appeal challenging the Single Judge's order that had directed fresh consideration of representations against a professor's appointment. They held that matters settled through earlier Public Interest Litigations cannot be re-agitated through fresh proceedings, even...