Pay Verification Cell's Unilateral Reduction Of Salary Without Notice Violates Principles Of Natural Justice: Patna HC

Patna High Court: A single judge bench of Justice Satyavrat Verma quashed the Bihar Education Department's Pay Verification Cell's order that unilaterally reduced a university employee's salary and downgraded his designation. The Court held that such action without prior notice violated principles of natural justice and contradicted an earlier High Court ruling that mandated...

'Opinion Of Dermatologist Cannot Be Ignored', Delhi High Court Directs Fresh Examination Of Candidate By Review Medical Board

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain upheld the order of the Central Administrative Tribunal that directed the Staff Selection Committee to constitute a fresh Medical Board to re-examine the Respondent for determining whether he was fit for duties or not. The Court held that the Respondent was declared fit by the...

'Additional Charge Of Deputy Commissioner Does Not Entitle Additional Deputy Commissioner To Pay Scale Of DC', Delhi High Court Reiterates

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition challenging the order of the Central Administrative Tribunal upholding that the assignment of 'current duty charge' of the Post of DC would not entitle the Petitioner holding the Post of ADC to the pay scale as that of the DC. The Bench reiterated that...

Retention Allowance Forms Part Of Basic Wages For EPF Contributions: Bombay HC

Bombay High Court (Nagpur Bench): A Single Judge Bench of Justice Anil L. Pansare held that retention allowances paid to seasonal workers must be included in basic wages for PF contributions under the EPF Act, 1952. The court dismissed Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd.'s petition challenging provident fund contribution demands on retention...

Temporary Pandemic Allowances Must Be Excluded From Wage Calculations For ESIC: Delhi HC

Delhi High Court: A Single Judge Bench of Justice Girish Kathpalia ruled that temporary special incentives paid during the pandemic should not be included in wage calculations for ESI. The court emphasized that including such temporary pandemic-related payments in the wage calculation would contradict the scheme's welfare objectives. The judgment established that special allowances meant...

Employee's Right To Promised Pay Scale Benefits Can't Be Negated By Administrative Delays: Gujarat HC

Gujarat High Court: Justice Vaibhavi D. Nanavati ruled that the State of Gujarat must grant higher pay scales to Work Assistant cadre members based on their tenure, following unfulfilled promises of promotion and salary adjustments as per government resolutions. The court found the State's recovery of salaries, granted due to delays in implementing pay-scale adjustments, to be unlawful....

Dispute Referral By State Government To Central Labour Tribunal Valid Only When Authorized By Central Government: Allahabad HC

Allahabad High Court: A single bench of Justice Subhash Vidyarthi declared that the canteen workers of Hindustan Aeronautics Ltd. (HAL) were direct employees of the company, despite the existence of a contract with a third-party canteen operator. However, the court ruled that the question of whether the contract between HAL and the canteen operator was a “sham” was beyond the...

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Despite acquittal, the Screening Committee had cancelled the Petitioner's appointment to the Post of SI. The Bench held that the Screening Committee ought to...

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC

The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. A bench of Justice Salil Rai also opined that any decision by the employer denying appointment only because of such non-disclosure would also be contrary to the...

Long Service And Transparent Recruitment Merit Regularization Despite Absence Of Rules: Madras HC

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan directed the Indian Maritime University (IMU) to regularize the services of eight contractual employees. The Court ruled that their appointments, though irregular, were not illegal as they were made through a transparent recruitment process including public advertisement and interviews. The...

Civil Service Rules | Suspension Ordinarily 'Preventive' But Suspension Over Trivial Allegations At Previous Posting 'Punitive': Rajasthan HC

Rajasthan High Court has ruled that the suspension order passed under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1951 (“the Rules”) is not punitive in nature but preventive as a precaution against employee influencing or hampering the course of inquiry or tempering with the material related to it. However, suspending an employee over...

No Explicit Option For CPF Means Automatic Transition To GPF Scheme: Madras HC Upholds Pension Rights Of KV Teachers

Madras High Court: A Division Bench of Justice Anita Sumanth and Justice G. Arul Murugan upheld the Central Administrative Tribunal's orders granting pension rights under the General Provident Fund (GPF) scheme to retired Kendriya Vidyalaya teachers. The Court ruled that teachers who had not explicitly opted to remain under the Contributory Provident Fund (CPF) scheme by January 31,...