Labour & Service
'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents
Dismissing a petition against suspension of a government employee in contemplation of the departmental enquiry against him, the Jaipur bench of the Rajasthan High Court observed that while exercising power under Article 226 of the Constitution, the scope of interference in matters of suspension was very limited.Justice Anoop Kumar Dhand in his order said, “In matters of suspension, the...
No Automatic Right To Backdated Regularization; Municipal Corporations May Consider Financial And Administrative Constraints: Gujarat HC
Gujarat High Court: A Division Bench comprising Justices A.S. Supehia and Gita Gopi set aside an order of a single judge bench that directed Ahmedabad Municipal Corporation (AMC) to backdate the regularization of certain daily wage workers. The Court held that municipal corporations cannot be compelled to regularize workers retrospectively, even if the workers had completed the...
Calcutta HC Allows Review Petition Filed By IIM Calcutta Faculty; Confirms Automatic Inclusion Into New Pension Scheme As Per 1987 Memorandum
Calcutta High Court: In 2020, a Division Bench had denied pension benefits to an IIM Calcutta faculty member for failing to opt into the new GPF-cum-Pension-cum-Gratuity Scheme. However, a Division Bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta allowed a review petition against this judgement. The bench held that the relevant pension rules automatically covered employees who...
'Rejection Of Disability Pension Should Be Based On Reasoned Order ': Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur held that since the Petitioner's disabilities arose while he was in service, the possibility of the disabilities having arisen due to being in service could not be ruled out. The Bench further held that the Respondents did not explain as to why they did not consider the opinion of the Medical...
BSF Personnel Entitled To MACP Benefits Based On Notional Service Till 60 Years: Delhi HC
Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur upheld BSF personnel's right to the third Modified Assured Career Progression (MACP) benefit. It noted that Dev Sharma v. Indo Tibetan Border Police had mandated uniform retirement at 60 years for all officers of Central Armed Police Forces. Thus, it held that notional service until 60 years must also be...
Employee Entitled To Annual Grade Increments, Arrears Of Last Drawn Salary During Suspension Period: Rajasthan High Court
A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal held that the employee is entitled to the payment of annual grade increments as well as arrears of last drawn salary during the suspension period. Background Facts The petitioner was holding the post of Stenographer Grade-I in the Rajasthan Financial Corporation (RFC). He was arrested and...
Doctrine Of Equality Applies To Punishments Across Different Forces Under Same Administrative Framework: Delhi HC
Delhi High Court: A Division Bench of Justices Navin Chawla and Shalinder Kaur set aside the removal from service of two CISF constables. The court found their punishment to be disproportionate compared to an ITBP officer who was involved in the same incident. It held that the doctrine of equality applies to punishments across different forces under the Ministry of Home Affairs....
State Failed To Discharge Obligation, Calcutta HC Condones Deficiency In Qualifying Service For Disbursement Of Pension
A division bench of the Calcutta High Court comprising of Justice Tapabrata Chakraborty & Justice Partha Sarathi Chatterjee allowed the condonation of the deficiency in qualifying service for disbursement of pension, and held that the state failed to discharge its obligation within the mandatory time frame set by the Court. Background Facts The employee was selected...
Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC
The Allahabad High Court has held that an application for compassionate employment cannot be decided by the management of the institution where the deceased government employee worked. It was held that such application must be placed before District Inspector of Schools for decision. Justice J.J. Munir referred to Regulations of the Uttar Pradesh High Schools and Intermediate Colleges (Payment...
Medical Examination In Recruitment Process By Medical Board Not To Be Normally Interfered With: Allahabad High Court
Recently, the Allahabad High Court, relying on its earlier decisions, has held that medical evaluation carried out by experts should not be interfered with in writ jurisdiction solely on the basis of the subsequent reports brought forth by the parties.The bench Justice Vivek Kumar Birla and Dr. Justice Yogendra Kumar Srivastava held that “where recruitment process has been carried out as...
Govt Institutions Should Not Mirror Gig Economy Trends By Misusing Temporary Employment Contracts: Supreme Court
The rise of the gig economy in the private sector has led to an increase in precarious employment arrangements, observed the Supreme Court in a recent judgment while advising the government departments from misusing the practice of engaging temporary workers.A bench comprising Justice Vikram Nath and Justice Prasanna B Varale appealed to the Government departments from adopting the...
