Minor Children's Difficulty In Adapting To New Academic Environments Insufficient Grounds To Void Transfer Order:Delhi High Court

Delhi High Court: Justice Girish Kathpalia dismissed the writ petition filed by Ravinder Mandal and found no grounds for malafide intent behind the issuance of his transfer order. The High Court concluded that the transfer was a legitimate administrative action aligned with Mandal's contractual obligations as a transferable employee, and his non-compliance with the...

Withholding Pension Payments During Vigilance Proceedings Justified: Kerala High Court

Kerala High Court: The Division Bench comprising Justice A. Muhamed Mustaque and Justice P.M. Manoj dismissed the petition filed by S. Gopalakrishnan Potti seeking penal interest on delayed pensionary benefits and back wages. The court upheld the Kerala Administrative Tribunal's (KAT) decision, ruling that delays in disbursing benefits were justified due to pending...

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101(8) of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. The court limited...

'Accused Cannot Be Dismissed From Service, Presuming Conviction', Delhi High Court Quashes Dismissal Order Of Police Officer Accused Of Murder

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition seeking to set aside the order of the Central Administrative Tribunal. The Tribunal had quashed the orders dismissing the Respondent from service on the grounds of being accused of murder and lodgement of FIR against him. The Court observed that the Respondent was...

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC

Rajasthan High Court granted relief to the petitioner serving as a clerk in the office of the District and Sessions Judge whose application for extra-ordinary leave of two years for pursuing B.Ed. was rejected.Proviso to Rule 96 of the Rajasthan Service Rules, 1951 provides for provision of extra-ordinary leave for higher study for two years for such temporary/ permanent government servant...

Long-Term Contract Employment Cannot Override Regular Recruitment Process; Bombay HC

Bombay High Court: A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar directed the regularization of staff nurses employed on contract basis in the Union Territory of Daman and Diu. The court overturned the Central Administrative Tribunal's dismissal, ruling that the nurses, who were recruited through proper selection processes in accordance with...

Termination Without Due Process: Rajasthan High Court Directs Post-Retiral Benefits For Teacher Who Went On Unauthorised Leave Between 1995-1999

The Jodhpur bench of the Rajasthan High Court granted relief to a government teacher (“petitioner”) who went on unauthorized leave between 1995-1999, by directing that her termination due to willful absence, which was without due process of law, be treated as resignation and she be given post-retiral benefits for rendering 11 years of unblemished service.The bench of Justice Farjand Ali...

Reviewing Officer Comments Contrary To Entries In ACR, Delhi High Court Directs Reassessment Of Grades

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of a Single Judge Bench wherein a Petition seeking to change the Appellant's Grade from '3' to '1' was dismissed. The Court directed the Respondents to reassess the overall performance of the Appellant in accordance with law considering the entries which...

Principle Of Res Judicata Bars Second Reference To Labor Court, After Adjudication: Punjab & Haryana High Court

Punjab and Haryana High Court: A Single Judge Bench of Justice Jagmohan Bansal dismissed multiple writ petitions challenging the Labor Court's award, affirming that payment of differential wages under the Minimum Wages Act does not create a fresh cause of action to override the principle of res judicata in labor disputes. The case involved contract workers seeking regularization...

Seniority Is Reckoned With Ph.D. Acquisition Date, Not Initial Appointment Date For Principal-In-Charge Position: Patna High Court Clarifies UGC Regulations

Patna High Court: A Division Bench comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy dismissed a writ petition challenging the appointment of Dr. Krishna Murari Sah as Principal-in-Charge of Sitaram Sahu College, Nawada. The Court held that despite his later appointment, Dr. Sah acquired his Ph.D. earlier, making him senior to the petitioner under UGC Regulations....

'No Infirmity In The Decision To Direct Payment Of Interest On Interest', Delhi High Court Upholds Decision Of Central Administrative Tribunal

A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition that sought to quash the judgement of the Central Administrative Tribunal directing the Petitioners to pay the Respondent the interest on interest at the rate of 10 percent. The Court held that the proscription on interest on interest as per Section 3(3)(c) of the...

Theft By Employee Leads To Mistrust In Him, Labour Court Cannot Order Reinstatement On Sympathy: Karnataka High Court

The Karnataka High Court has said that the Labour Court cannot on the ground of sympathy alone direct reinstatement of a workman, when he is involved in a serious case of theft.A single judge bench of Justice K S Hemalekha held thus while allowing a petition filed by The Taj West End Hotel and set aside the order of the tribunal directing reinstatement and payment of back wages to an employee,...