Absence Of Clear Guidelines For Recruitment Documents, Gauhati High Court Directs Appointment Of Applicant

A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding a writ petition held that in the absence of clear and proper guidelines for recruitment documents, an applicant cannot be denied appointment to the job post. Background Facts An advertisement was published on 24th June 2020 for filling 344 posts of Junior Engineer (Civil) under...

Employee Cannot Be Denied Pension Due To Employer's Failure To Allot General Provident Fund Number: Allahabad High Court

In a case where an employee did not make any contribution to the General Provident Fund because he was not allotted a GPF number by the employer, the Allahabad High Court has held that the employee cannot be denied pension due to the fault of the employer.Justice Subhash Vidyarthi held: “Firstly, the deduction toward General Provident Fund is not a condition precedent for eligibility to...

Seniority Of Employees Must Not Be Compromised While Making Transfers: Allahabad High Court

The Allahabad High Court has observed that where transfer is permissible, the employees must be transferred at the same post which they were originally serving at. It has been held that the seniority of employees must not be compromised.Justice Ajit Kumar observed that “transfer though is permissible within the distribution company but in no circumstances, seniority of employees should...

When Non-Renewal Of Employee's Contract Is For Disciplinary Reasons, Formal Enquiry Is Necessary : Supreme Court

The Supreme Court on Thursday emphasized that mere non mention of background situation in a termination order does not make it non-stigmatic and the court can look into the context to determine the true nature of the termination order.“the form of an order is not its final determinant and the Court can find out the real reason and true character behind terminating/removing an employee”,...

Industrial Disputes Act | Whether Person Raising Dispute Is A Workman Can Only Be Decided By Labour Court, Not By Govt: Rajasthan HC

Rajasthan High Court granted relief to a government employee who was dismissed from his job without a hearing 15 years ago, by directing the government to refer his industrial dispute to the labour court.The bench of Justice Anoop Kumar Dhand was hearing a petition filed against the order of the Government of India (“respondent”) where the respondent had refused to make reference...

Night Watcher-cum-Sweeper, Continuous Service For More Than 10 Years, Orissa High Court Directs To Consider Regularization

A single judge bench of the Orissa High Court, comprising Justice Biraja Prasanna Satapathy, while deciding writ petition has held that irregular appointment may be regularized if the employee has worked for more than 10 years without the protection of a court order. Background Facts The Petitioner was employed as a Night Watcher-cum-Sweeper on November 21, 2003. The Petitioner...

Patna High Court Directs Reinstatement Of CRPF Personnel Dismissed From Service For Absence Due To Taking Care Of Mother Diagnosed With Cancer

The Patna High Court on Tuesday directed the reinstatement of a CRPF personnel who was dismissed from the service on account of being absent from duty for 196 days to take care of his mother, who was suffering from cancer. “In the present case, the appellant is found to be absent from duty and he gave explanation that his mother was diagnosed with Cancer and he had applied leave for...

Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC

The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him.The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, an...

Transfer Order Passed During Operation Of Election Notification Without Prior Approval Of State Election Commission Not Sustainable: Allahabad HC

The Allahabad High Court has held that no notification transferring an employee involved in elections can be passed during the period where election notification is active except with prior permission of the State Election Commission. It was held that such transfer order is non est in law.Petitioner was serving as Assistant Development Officer (Panchayat), when his transfer order issued...

'Doctrine Of Relation Back' Applies In Service Matters When Subsequent Order Passed In Favour Of Employee Relates To Initial Dispute: Allahabad HC

The Allahabad High Court has upheld the application of doctrine of relation back in service disputes where subsequent orders have been passed in favour of the employee relates to initial disputes.While directing payment of salary arrears from year 1998 (date of stop order) to 2021(date when petitioners appointments were held valid), Justice Manish Mathur held that “doctrine of relation...

Govt Employees On Probation Not 'Temporary Employees', Cannot Be Terminated Without Departmental Action: Rajasthan High Court

Rajasthan High Court has affirmed that a government employee who has been appointed by a regular mode of selection, and is on probation, cannot be treated as a temporary government employee whose services can be terminated by giving one month notice under Rule 23-A of the Rajasthan Service Rules 1951 (“the Rules”) which is meant for temporary employees.The bench of Justice Mahendra...

Seeking Change In Recorded Date Of Birth After Retirement Impermissible Under Law: Karnataka High Court

A single judge bench of the Karnataka High Court, comprising Justice M.G.S. Kamal, while deciding writ petition emphasized that an employee cannot seek a change in the recorded date of birth after a considerable lapse of time. Background Facts The Petitioner was employed as a Pulp Drawing Processor on 01.10.1983. He retired from service on 09.03.2006. At the time of his...