Cancellation Of Promotion & Reversion Of Employee's Position Without Providing Show Cause Notice Is Unsustainable : Guwahati High Court

A single judge bench of the Guwahati High Court comprising of Justice Suman Shyam, while deciding a writ petition held that the cancellation of a promotion and reversion of an employee's position without providing a show cause notice or an opportunity to be heard is unsustainable and arbitrary. Background facts The petitioner was an employee of Sivasagar Municipal Board (SMB) and...

Expansive Interpretation Of “Last Pay Drawn”; Term Includes CPF Contributions: Delhi High Court

Delhi High Court: A Single Judge Bench of Justice Dharmesh Sharma found the Chief Secretary of GNCTD to be in contempt for not complying with court orders regarding certain Contributory Provident Fund (CPF) contributions. These CPF contributions were for judicial members of the State Consumer Disputes Redressal Commission (SCDRC). The court affirmed that “last pay drawn” includes...

Value Addition Of Employee Is Always Advantageous To Institution: Karnataka HC Upholds Order On Doctor's Plea For Deputation To Study Further

The Karnataka High Court has upheld the order of the State Administrative Tribunal which directed the State government to consider representation of Dr Madhu Kumar M H, Specialist (Physician), KR Hospital in Mysuru for permission to go on deputation for higher studies.A division bench of Justice Krishna S Dixit and Justice C M Joshi said, “The petitioners are not justified in keeping...

Passing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court

While hearing a principal's plea–whose earlier suspension was quashed in a writ petition, and who was subsequently suspended again, the Lucknow bench of the Allahabad High Court said that non-passing of a formal order of reinstatement after quashing of suspension order does not disentitle the employer from placing the employee under suspension again.The Court held that suspension does...

Benefit Should Be Given To Candidate And Not Employer, If Advertisement Stipulates Vague Qualification Criteria: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that if an advertisement gives vague and ambiguous meaning with a possibility of varying interpretations about the qualification criteria of a post, the benefit should always be given to the candidate and not the employer.The single-judge bench of Justice Sanjay Dwivedi observed, “Any advertisement creating ambiguity in regard to the qualification...

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19(ii) of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 and do away with the inquiry. The Court also observed that the apprehension of the employee influencing or tampering with the evidence reflected Department's lack...

Inquiry Proves Genuineness Of Certificates, Rajasthan High Court Cancels Termination Of Services Of Safai Karamcharis

A Single Judge Bench of Justice Sudesh Bansal while allowing a batch of Petitions observed that the Safaikaramcharis whose appointment was cancelled due to the allegations of having produced false certificates before the authorities should be allowed to continue in service, counting their service from the date of appointment with all consequential benefits. The Bench held that since the...

Discrepancy In Document Submission, Rajasthan High Court Directs To Accept Based On Merit Of Candidate

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court observed that the merit of a candidate is a cardinal factor in determining the eligibility for admission. The Court held that the inability of a candidate to furnish documents due to reasons beyond the control of the candidate must be looked into by the authorities and the factors and circumstances leading to...

Contractual Service Prior To Regularization Qualifies For Pension & Annual Increments Under CCS Pension Rules: Himachal Pradesh HC

A single judge bench of the Himachal Pradesh HC comprising of Justice Jyotsna Rewal Dua, while deciding writ petition held that contractual service preceding regularization qualifies as service for pensionary benefits & annual increments under the CCS Pension Rules.Background Facts The respondent department initially appointed the petitioners as Junior Basic Teachers (JBTs) on contract...

Reservation Demand For Wards Of Gallantry Awardee Military Personnel, Rajasthan High Court Rejects Claim

A Single Judge Bench of Justice Sameer Jain of the Rajasthan High Court dismissed a petition challenging the policy by under which the wards of Gallantry Award recipients were not included in the categories of reservation contrary to the policy in place in the year 2021. The Court held that it could not extend its powers of judicial review as the policy makers had applied their mind...

In-Subordination Is Contagious Malady In Public Service Resulting In Maladministration, Cannot Be Viewed Leniently: Karnataka High Court

The Karnataka High Court has dismissed with cost a petition filed by a delinquent employee of the State Administrative Tribunal, questioning the order passed by the Tribunal whereby his two annual increments with cumulative effect were withheld on charges of disobeying instruction of the Chairman, and employing rude language.A division bench of Justice Krishna S Dixit and Justice C M...

'Epilepsy Can't Be Attributed To Service In Navy As It Occurs Periodically And Could Be Dormant At Other Times', Delhi High Court Dismisses Petition

A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur dismissed an appeal wherein a Navy Officer sought disability pension based on the claim that his medical condition (Epilepsy) was attributable to his service in the navy. The Officer was invalidated after the detection of the medical condition which was not disputed, however, the Court held that...