Labour & Service
Out Of Two Right Answers, Bombay High Court Allows MPSC To Treat Only One As Correct To Avoid Burdening The Commission And Disturb The Selection Of Candidates
The Bombay High Court Bench of Aurangabad has set aside the judgement of the Maharashtra Administrative Tribunal which directed the Maharashtra Public Service Commission to recount the marks of candidates who appeared for the Sub-Registrar/Stamp Inspector (Grade-1) position test . The Administrative Tribunal had accepted that the question in fact carried two right answers, therefore,...
Service Bond Is Not A Contract Of Employment, Delhi High Court Upholds ESIC's Decision To Reduce Bond Period From Five/Three Years To One Year Post Qualification
The Delhi High Court has dismissed a batch of petitions filed by the Petitioners challenging the common order of the Central Administrative Tribunal (CAT) which upheld the decision of Employees State Insurance Corporation (ESIC) Dental College and Hospital in Rohini, Delhi. ESIC had reduced the service bond period to one year From Five/Three Years after attaining the qualification as per...
By Participating In Selection Process, Candidates Do Not Get Indefeasible Right To Get Appointment, Delhi High Court Reiterates
The Delhi High Court has dismissed a Writ Petition which challenged a judgement of the Central Administrative Tribunal. The Petitioner had sought seniority from the year 2007 despite being appointed in the year 2009, contending that he was entitled for appointment in the year 2007 itself.The Division Bench of Justices Suresh Kumar Kait and Girish Kathpalia held that the petitioner...
Resignation Not Final Until Its Acceptance Is Communicated To Employee : Supreme Court
Holding that the resignation letter was withdrawn before it was accepted, the Supreme Court allowed the reinstatement of an employee to the Railways.The Court observed that an internal communication about accepting the employee's resignation letter could not be said to be acceptance of the resignation letter. It added that unless such acceptance was communicated to the employee, the...
Supreme Court Pulls Up Rajasthan For Failing To Implement 1% Reservation For Blind Candidates In 1999 RPSC Recruitment
The Supreme Court recently pulled up the State of Rajasthan for not complying with the requirement of 1 percent reservation for persons suffering from blindness in state services in the 1999 recruitment process conducted by the Rajasthan Public Service Commission (RPSC).A bench of Justice Abhay S Oka, Justice Ahsanuddin Amanullah and Justice Augustine George Masih was dealing with an appeal by...
In Absence Of Fraud, Mischief, Misrepresentation, Public Employment Can't Be Terminated, Reiterates Rajasthan High Court
Rajasthan High Court has affirmed that public employment of individuals granted on merit, without any fraud, mischief, misrepresentation or mala fide on part of the employee, could not be terminated only on the ground of revision in the cut off marks that too at a quite belated stage.The bench of Justice Vinit Kumar Mathur observed that while exercising its powers under Article 226, the Court...
Supreme Court Upholds Quashing Of Disciplinary Proceedings Against Professor Who Couldn't Join Duty Due To COVID
The Supreme Court recently upheld the Kerala High Court's decision quashing the termination of an Assistant Professor who was unable to resume his duties after Leave Without Allowance (LWA) due to COVID-19 pandemic. A bench of Justice PS Narasimha and Justice Pankaj Mithal noted that the relevant disciplinary provision - Rule 15(2)(a) of the Kerala Civil Services (Classification, Control...
Supreme Court Dismisses Plea Of Ex-Vigilance Commissioner For Chief Secretary's Pay Scale
The Supreme Court dismissed an appeal by a former State Vigilance Commissioner of Nagaland seeking a pay scale equivalent to that of the Chief Secretary of the State observing that he is not entitled to the Chief Secretary's pay scale merely because some predecessors were getting that pay scale.A bench of Justice Hima Kohli and Justice Sandeep Mehta observed that the appellant...
Voluntary Resignation Results In Forfeiture Of Past Service, Employee Not Entitled To Pension Benefits: Gauhati High Court
A single judge bench of the Gauhati High Court comprising of Justice Kardak Ete, while deciding writ petition held that an employee is not entitled to pensionary benefits if they submit a voluntary resignation, which results in the forfeiture of their past service. Background Facts The employee joined the Central Reserve Police Force (CRPF) as a Constable on August 6, 2000. He...
Contractual Employee Not Appointed Against Regular Post Can't Seek Permanent Employment On Basis Of Mere Contract Extension: MP High Court
The Madhya Pradesh High Court recently said that a contractual employee cannot claim regularization and merely because he has continued beyond his period of employment would not entitle him to become a permanent employee. The observation was made by a division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf while allowing the State's appeal against an order of a...
Termination order Casting Stigma, There Should Be Proper Enquiry, Andhra Pradesh High Court Reiterates
A single bench of the Andhra Pradesh High Court, comprising Justice Subba Reddy Satti while deciding the writ petition has held that when a termination order is based on allegations that could be stigmatic, it must be treated as punitive. Accused employee must be provided with opportunity to be heard. Background Facts The Petitioner was employed as a Contract Residential Teacher...
Findings In Criminal Trial Should Have Bearing On Disciplinary Proceedings In Case Of Identical Charges:Calcutta High Court
A division bench of Calcutta High Court comprising Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee while deciding writ petition held that the findings in criminal trial should have bearing on disciplinary proceedings, especially when the charges are identical or closely related. Background Facts The employee was appointed as a laborer (Group-D) in the Indian...