Financial Misconduct In Government Service Warrants Dismissal; No Compassionate Allowance For Acts Of Moral Turpitude: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur upheld the dismissal of a Pay Clerk (Central Reserve Police Force) who was charged with financial misconduct and forgery. The court found that tampering with government records and misappropriation of funds constituted grave offenses that warranted his dismissal from service. The court also rejected the...

Employer Cannot Indefinitely Withhold Voluntary Retirement Without Valid Grounds: Delhi HC

Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur ruled that an employer cannot indefinitely withhold voluntary retirement under Rule 56(k) of the Fundamental Rules. The court held that pending vigilance clearance or mere potential inquiries are not valid grounds for withholding retirement. It further clarified that the employer must communicate any...

Employee's Death Attributable To Government Service Conditions; Entitled To Extraordinary Pension & Ex-Gratia Compensation : Delhi HC

A division judge bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur held that deceased employee entitled to extraordinary pension and ex-gratia compensation, if death was attributable to or aggravated by government service conditions, such as exposure to hostile work environments or extreme weather conditions. Background Facts The...

Ministry Policy Cannot Override Supreme Court Precedents On Defence Security Corps Pension Condonation: P&H High Court

Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepthi Sharma dismissed a writ petition that challenged an Armed Forces Tribunal's order. The Tribunal had condoned a shortfall of 343 days and granted service pension to a DSC serviceman. The Court held that Union of India v. Surender Singh Parmar (2015) permits condonation of service shortfalls up to...

Allahabad High Court Quashes GO To The Extent It Denied Gratuity To Teachers Continuing Beyond Superannuation

The Allahabad High Court recently quashed a Government Order to the extent it denied gratuity to teachers who opted to continue beyond their age of retirement, citing primacy of statute over executive fiat.Petition was filed challenging Clause 4(1) of G.O. dated 22.06.2018 as well as communication of rejection of claim for gratuity to the petitioner. By said G.O., gratuity was denied...

Service-Related Disability Entitles Armed Forces Personnel To Full Pension Benefits; Meeting Qualifying Period Not Mandatory: P&H HC

Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepti Sharma upheld an Armed Forces Tribunal's decision regarding the disability pension for an ex-serviceman. The court ruled that disabilities attributable to or aggravated by service entitles a serviceman to both the disability and service elements of the pension. It noted that this applies even if...

Seniority For Promotion Is Determined By Date Of Promotion To Feeder Category, Not From Date Of Initial Appointment: Andhra Pradesh HC

A single judge bench of the Andhra Pradesh High Court comprising of Justice Subba Reddy Satti held that seniority for promotion to the post of Sub Inspector is determined by the date of promotion to the feeder category (Head Constable/ASI), not from the date of initial appointment as a Police Constable. Background Facts of the case The petitioners were working as Head Constable...

Labour Court's Jurisdiction Under Section 33(C)(2) Limited to Executing Pre-existing Rights, Not Determining New Claims: Gujarat HC

Gujarat High Court: A Single Judge Bench of Justice M.K. Thakker upheld the Labour Court's rejection of a recovery application under Section 33(C)(2) of the Industrial Disputes Act, 1947. The court held that without a pre-existing right, claims for additional wages, bonus, and rent were not maintainable under this provision. It explained that Labour Courts cannot adjudicate new claims...

Experience Gained By Discharging Duties 'For A Long' Time Is Enough To Hold That Employee Is Qualified For Post: MP High Court Reiterates

The Jabalpur bench of the Madhya Pradesh High Court reiterated that experience gained by discharging duties for a long period of time is sufficient to hold that an employee has the requisite qualifications.In doing so, Justice Sanjay Dwivedi allowed a man's plea who was terminated from service as a Driver noting that apart from him not having the required educational qualification there were...

Rajasthan HC Slams State For Transferring 8-Month Pregnant Officer 320 Km Away From Current Posting, Orders Sensitization Of Authority

Terming the State's action in transferring an 8-month pregnant nursing officer 320 km away from her current posting as a display of "sheer apathy and callous disregard for basic human dignity", the Rajasthan High Court directed the Health Secretary to sensitize its officers empowered to pass transfer orders. It said this while emphasizing that "maternal health has been given statutory...

Company's Order Reversing Pay Hike Upsets Employee's Financial Planning: Karnataka High Court Sets Aside HAL Circular

The Karnataka High Court has set aside a circular issued by Hindustan Aeronautics Limited (HAL), whereby it sought to re-fix the pay of Officers, which came to be increased, in the year 2017.A single judge, Justice S Sunil Dutt Yadav allowed the petition filed by 'Hindustan Aeronautics Officers Guild' and set aside the Circular dated 24.07.2021, issued by the employer. It also clarified that...

Two Candidates Secure Same Marks, Age Determines Selection: Delhi High Court

A Division Bench of the Delhi High Court comprising of Justices Navin Chawla and Shalinder Kaur reiterated that in cases where two candidates secure the same marks, age should determine the selection of such candidates. The Bench allowed a Writ Petition wherein the Petitioner sought appointment based on having secured the same marks as that of another candidate who was appointed to...